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V. 














I * 





ELECTION LAWS 


OP TEE 


State of New York, 



EMBRACING* 


The General Election Law of 1896; The L,e@i»lathre^d Con¬ 
gressional Apportionment Laws ol \ i 8 q $ ; Tfr^^Tp^n 
Meeting Ballot Law of 1892; Myers’^Ari 4 o 4 nat 4 e^al- 


n 


lot Acts, with amendments ; The Davis Automatic 
Ballot Act; The Elective Franchise Criminal 
Law of 1892, as amended in 1893, 1894, 

1895 and 1896, and full Index to pro¬ 


visions and forms relating to the 
duties and liabilities of In¬ 
spectors, Ballot Clerks, 

Poll Clerks and 
Registrars, 


WITH AMENDMENTS TO DATE, 


WITH 


ANNOTATIONS, FORMS. INSTRUCTIONS AND FULL INDEX, 



BANKS & BROTHERS, 


NEW YORK. 


ALBANY, N. Y. 


1898 




■1 aar 




Copyright, 1892 , 
BANKS & BROTHERS. 


Copyright, 1893 , 
BANKS & BROTHERS. 


Copyright, 1894 , 
BANKS & BROTHERS. 


Copyright, 1895 , 
BANKS & BROTHERS. 


Copyright, 1896 . 
BANKS & BROTHERS. 


Copyright, 1897 , 
BANKS & BROTHERS. 


Copyright, 1898 , 
BANKS & BROTHERS. 


















Chapter 179, Laws of 1898. 



In relation to enrollment for political parties, primary elections, 


conventions, and political committees. 


The People of the State of New York , represented in Senate and 
Assembly , do enact as follows: 

Section 1. Short title and application of act.—The short title of 
this act shall be the “ Primary Election Law.” Except as other¬ 
wise herein provided, it shall be controlling; (1) on the methods of 
enrolling the voters of a party in cities and in villages having five 
thousand inhabitants or more, according to the last preceding 
state enumeration of inhabitants; (2) on primary elections in such 
cities and villages; (3) on party conventions in and for any politi¬ 
cal subdivision of the state, made up wholly or partly of delegates 
elected in any such city or any such village; (4) on the choice, in 
such cities and such villages, of the members of political commit¬ 
tees and on the conduct of political committees, in and for any 
political subdivision of the state, made up wholly or partly of 
members from any such city or village. 

§ 2. Definitions and construction of act.—The terms used in 
this act shall, for the purposes of this act, have application as 
provided in this section, unless other meaning is clearly apparent 
from the language or context, or manifest intent. The term 
“ committee ” shall apply to any committee chosen in pursuance 
hereof, or of the rules and regulations of a party, to represent the 
members of the party in any political subdivision of the state. 



2 


The terms “ general committee ” shall apply to the county com¬ 
mittees in the various counties of this state in which are located 
am r of the cities or villages to which this act is applicable, and 
in The City of New York to the county committees, the city com¬ 
mittee, if any, and such borough committees as may be established 
by any party. The term “ convention ” shall apply to any assem¬ 
blage of delegates of a party, in and for any political subdivision 
of the state, duly convened for the purpose of nominating candi¬ 
dates for public office, electing delegates to other conventions, 
electing members of political committees, or transacting any other 
business relating to the affairs of a party. The term “ primary 
election ” shall apply to any election by the members of a party 
duly convened in any political subdivision of the state to which 
this act is applicable, of delegates to a convention, or of party 
committeemen, or of candidates for public office, or to any such 
election upon any question submitted to the vote of a party. The 
term “ unit of representation ” shall apply to an election dis¬ 
trict, a ward of a city, an assembly district, a congressional dis¬ 
trict, a senatorial district, or any other political subdivision of 
the state which, by the rules and regulations of a party, may 
be the unit from which members of any political convention 
or committee to which this act is applicable, shall be chosen. 
The term “ custodian of primary records ” shall apply to those 
officers or boards whose duty it is, by the provisions of the 
election law, to provide official ballots for general elections in 
the respective cities and villages to which this act is appli¬ 
cable. The term “ party ” shall apply to any political organiza¬ 
tion which, at the last preceding election of a governor, polled at 
least ten thousand votes for governor. No organization or asso¬ 
ciation of citizens for the election of city officers shall be deemed 
a political party within the meaning of this act, and membership 
in any such organization or association shall not prevent an 
elector from enrolling with, and acting as a member of, a political 
party. 

§ 3 . Enrollment.—Subdivision 1. The custodian of primary rec¬ 
ords shall cause to be prepared on or before the fifteenth day of 


s 


September in each year, original enrollment books to the num¬ 
ber of two for each election district. Such enrollment books 
shall be so arranged that the names of all the electors of the elec¬ 
tion district may be inscribed therein alphabetically. There shall 
be fourteen columns on each page; the first for the surnames of 
the electors; the second for the Christian names of the electors; 
the third for their residence addresses; the fourth for the word 
“ yes ” or the word “ no;” the fifth for the name of the party, 
if any, with which the elector shall enroll; the sixth for the 
record of challenges on enrollment; the seventh for an entry to 
show a special or supplemental enrollment; the eighth for the 
record of transfer or removal from one election district to an¬ 
other; the ninth for the word “ voted ” in case the elector votes 
at the first official primary election of the year; the tenth 
for a record as to challenges in case he is challenged thereat; the 
eleventh and twelfth columns for similar entries in case he votes 
at the second official primary election, and the thirteenth and 
fourteenth columns for similar entries in case there be unofficial 
primary elections. Said books shall be delivered by the cus¬ 
todian of primary records to the election inspectors of the respec¬ 
tive election districts immediately before the first day of registra¬ 
tion in each year and immediately before the day of supplemental 
enrollment in May. 

Subdivision 2 . When, in any city or village to which this act 
is applicable, an elector shall, at any of the four regular meetings 
for registration in any year, present himself to the board of elec¬ 
tion inspectors in any election district, his name and residence 
address shall be entered at the proper place in the two original 
enrollment books for that district. After he shall have been 
registered as a qualified elector of that election district for the 
next ensuing general election, the board of election inspectors, 
or a member thereof, shall forthwith and before such elector 
leaves the place of registration, ask him the question: “ Do you 

desire to enroll for the purpose of participating in the primary 

• « 

elections of any party?” If he shall answer such question in 
the negative, or decline to answer, the word “ no ” shall be re¬ 
corded in the proper column of the original enrollment books. 


4 


If he shall answer in the affirmative, the word “ yes ” shall be 
recorded in the same column, and he shall thereupon be asked 
the further question: “ With what political party do you wish 
to enroll ?” The answer to such question may be oral, or the 
elector may file with such board the declaration prescribed by 
this section in case of challenge, which declaration must be 
signed and acknowledged by him as herein provided. The name 
of the political party given in answer to such last question, or 
stated in such declaration, shall be recorded in the proper column 
of the original enrollment books. No person shall be required to 
enroll or to answer either of said questions, nor shall his failure 
to do so affect his right to register for the purpose of voting at 
any election. The right of an elector to enroll as a member of 
a party, as provided in this section, other than electors who 
shall enroll by filing declarations, shall be subject to 
challenge by any elector, and if challenged, the elector 
offering to enroll may file with the board of election inspect¬ 
ors a declaration in the form given in this section, or the 
questions hereinafter provided, and no others, shall be put to 
him bv said board or bv a member thereof. If he shall file such 

C/ «/ 

declaration, or if he shall answer each of such questions in the 
affirmative, he shall be immediately enrolled as if he had not 
been challenged. Such declaration shall be signed and acknowl¬ 
edged by the elector and the acknowledgment thereof may be 
made before any member of the board of election inspectors or 
before any officer authorized by law to take acknowledgments of 
deeds. Such declaration shall be in substantially the following 
form: 

“ I (naming the elector), do solemnly declare that I reside at 
(specifying his residence address), and am a qualified voter of the 
(specifying the number) election district of the (specifying the 
number) assembly district (or ward) in the city (or village) of 
(naming it); that I am in general sympathy with the principles of 
the (naming it) party; that it is my intention to support generally 
at the next general election, state or national, the nominees of 
such party for state or national offices; and that I have not en¬ 
rolled with, or participated in any primary election or convention of, 


an}’ other party since the first day of last year. The word ‘ party ’ 
as used herein means a political organization which, at the last 
preceding election of a governor, polled at least ten thousand 
votes for governor.” 

The questions to be put to the elector so challenged, in case he 
shall not make and file such declaration, shall be as follows: 

“ Are you in general sympathy with the principles of the 
(naming it) party? ” 

“ Do you declare that you have not enrolled with, or partici¬ 
pated in the primary elections or conventions of, any other party 
since the first day of last year? ” 

“ Is it your intention to support generally at the next general 
election, state or national, the nominees of the (naming it) party 
for state or national offices? ” 

A record of all challenges specifying whether the elector quali¬ 
fied, and if so, whether by filing a declaration or by answering 
questions, shall be made in the proper column of the original 
enrollment books. The entries in the enrollment books required 
by this section shall be made by the member of the board desig¬ 
nated by the chairman. All declarations made by challenged 
electors shall be delivered by the board of election inspectors to 
the custodian of primary records, together with the original en¬ 
rollment books. At the close of the last meeting for registration 
in each year the board of election inspectors shall severally sub¬ 
scribe and verify duplicate declarations, one of which shall be 
printed in or attached to each of the original enrollment books. 
Such declarations shall be to the effect that the persons shown by 
such enrollment books to have been enrolled as members of a 
party, are the only persons who enrolled as members of a party 
on any of said days of registration, and that they enrolled them 
as members of the parties with which they respectively requested 
to be enrolled. Immediately upon the close of each day of regis¬ 
tration, and before leaving the meeting place, the board of elec¬ 
tion inspectors shall publicly inclose the said enrollment books, 
together with all declarations and records pertaining thereto, in 
a sealed envelope, upon which shall be written or printed in dis- 


6 


tinct characters the number of the election district. Such enve¬ 
lope shall remain sealed in the custody of the chairman of the 
board until the meeting on the next day of registration, when it 
shall be publicly opened. The envelope sealed at the close of the 
last day of registration shall, within twenty-four hours, be deliv¬ 
ered to the custodian of primary records. Such envelope shall 
remain sealed until the day after the next ensuing day of general 
election. No member of the board of election inspectors shall 
make, or allow to be made, a copy of, or a transcript or statement 
from, the enrollment books. No person shall, on any of such 
days of registration or in the interval between any such day and 
the next ensuing day of general election, reveal or disclose the 
names or number of the enrolled electors of any party, or make, 
publish or circulate a list of such names, or of any thereof, or do 
or permit any act by which the name of the party with which an 
elector may have enrolled, or the number of electors enrolled 
with a party, shall be disclosed. 

Subdivision 3 . At any time during the month of December next 
succeeding such four meetings for registration, any elector who 
was registered as a voter at one of said four meetings for regis¬ 
tration, but did not enroll with any party, may become specially 
enrolled in, and have his name added to the rolls of, any party in 
the election district in which he resides, in the manner following: 
He shall make, acknowledge and file, or cause to be filed, with the 
custodian of primary records a statement embodying a declara¬ 
tion in the form prescribed in subdivision two of this section, and 
showing that at one of the last four preceding days of registra¬ 
tion he registered as a voter in a specified electi on district, but did 
not enroll, and requesting that he be specially enrolled. Upon the 
filing of such statement the custodian of primary records shall 
enroll such elector in the original enrollment books for the proper 
election district and shall record, in the proper columns thereof, 
the name and residence address of such elector, the election dis¬ 
trict in which he is registered as a voter, the name of the party 
designated in such statement, the fact that the elector is specially 
enrolled and the date of such special enrollment. When such 


7 


special enrollment is in a different election district from that in 
which the elector is registered as a voter, the custodian of pri¬ 
mary records shall also make opposite his name in its original 
place in the enrollment books of the election district in which he 
registered as a voter a record specifying that he is enrolled in 
such other district. 

Subdivision 4. If, after being enrolled as a member of a party in 
one election district, either by original enrollment or by transfer, 
an elector shall move into another election district in the same 
city or village, he may, at any time between the first day of Feb¬ 
ruary of any year and the thirtieth day before the annual primary 
day, except during the thirty days before a June official primary 
day, become enrolled therein as a member of the same party by 
making, acknowledging, and filing, or causing to be filed, with the 
custodian of primary records, a statement specifying the name of 
the party with which, and the election district in which, he is en¬ 
rolled, and the election district into which he has moved, and 
stating that he resides in the last mentioned election district, and 
desires to be enrolled therein as a member of such party. Upon 
the filing of such statement the custodian of primary records 
shall enroll the name of such elector in the original enrollment 
books for the proper election district, specifying the district 
from which he is transferred, and shall also make a minute, oppo¬ 
site the entry of his name in the original enrollment books of the 
election district from which he has removed, showing the election 
district to which his name is transferred. The statements so filed 
shall be public records, and shall be kept on file for at least one 
year. 

Subdivision 5. There shall be a supplemental enrollment on the 
second Tuesday in May in every year. Such supplemental enroll¬ 
ment shall be conducted in each election district by the election 
inspectors in office at the time, and shall be held in the polling 
place wffiere the preceding general election w 7 as held, unless such 
polling place is not available, in which case some other suitable 
place in the same locality shall be designated and provided by 
the public officer or board whose duty it is to provide polling 


) 


I 

8 

places for days of general election. A notice of such supplemen¬ 
tal enrollment, specifying the place of enrollment for each election 
district, the hours of enrollment, and the parties for which such 
enrollment is to be held, shall be published by the custodian of 
primary records in the same manner as the notice of an official 
primary election. Before the hour fixed for the opening of the 
enrollment, the custodian of primary records shall deliver to the 
board of election inspectors in each election district the original 
enrollment books for such election district. The meetings for 
such supplemental enrollment shall begin and close at the same 
hours as those provided by the election taw for the meetings for 
the registration of voters. Only electors at the time residing in 
the election district, and who registered as electors in the same 
city or village in the last preceding year, or who shall have 
become of age after the last preceding general election, and 
whose names are not already upon the rolls of any party, shall be 
entitled to enroll at such supplemental enrollment. No elector 
who has registered as a voter in the preceding year shall be 
allowed to enroll in any election district other than that in which 
he was so registered as a voter, unless he shall file with the in¬ 
spectors a certificate from the custodian of primary records show¬ 
ing that he was so registered and specifying the district in which 
he was registered. It shall be the duty of the custodian of pri¬ 
mary records to deliver such a certificate upon demand to any 
registered elector. Except as herein otherwise provided, such 
supplemental enrollment shall be conducted in the same manner 
as the enrollment on days of registration. Election inspectors 
shall, with reference to such supplemental enrollment, be under 
the same duties, obligations, and penalties, and have the same 
powers, as election inspectors on days of registration. If an elec¬ 
tor who shall have become of age after the last preceding general 
election shall apply for enrollment, he shall file with the board of 
election inspectors a statement duly acknowledged before one of 
the election inspectors or an officer authorized by law to take ac* 
knowledgments of deeds, specifying his residence address, stat¬ 
ing that he has resided in the election district for the thirty days 


9 


t 

last preceding, that he became of age since the last preceding gen 
eral election, and that he desires to enroll as a member of a speci¬ 
fied party, and containing a declaration of party affiliation in the 
form provided by subdivision two of section three hereof. Upon 
the filing of such statement, the board of election inspectors shall 
enter the name and residence address of such elector in the orig¬ 
inal enrollment-books, and shall enter opposite thereto, in the 
proper columns, the name of such party, the date of such supple¬ 
mental enrollment, and the fact that he became of age since the 
last preceding general election. When all qualified electors who 
apply for supplemental enrollment before the hour of closing 
shall have been enrolled as hereinbefore provided, the election in¬ 
spectors shall, before leaving the place of enrollment, severally 
subscribe and verify a declaration which shall be printed in or at¬ 
tached to each enrollment-book, to the effect that at such supple¬ 
mental enrollment only the names of electors entitled by law to 
enroll were added, and that the party declarations of the electors 
so added are correctly stated therein. Within twenty-four hours 
thereafter, they shall return the original enrollment-books, to¬ 
gether with all statements and papers pertaining to such enroll¬ 
ment, to the custodian of primary records. Such custodian shall 
give to any elector enrolled or transferred as in this section pro¬ 
vided, a certificate of enrollment or of transfer, which shall 
specify the name of the party with which he is enrolled, the date 
of ‘enrollment or transfer, and the election district in which the 
elector is enrolled. 

Subdivision 6. In each city of the first class the public officer 
or board at the time charged with the duty of publishing the 
registry lists of electors in such city* shall, within ten days after 
such supplemental enrollment in May, cause to be published in 
like manner and at public expense, a transcript of the enrollment 
books of each election district, omitting all entries except the 
names, the residence addresses, and the party, if any, recorded 
opposite the respective names, and also omitting from the tran¬ 
script for each election district all names marked as transferred 
to another election district. The custodian of primary records 
shall provide such transcript for publication. 


r 


10 


Subdivision 7 . The party rolls made up in any year as pro¬ 
vided in this act shall go into effect on the first day of January 
following the days of registration on which they are begun and 
shall, with any additions, or changes made, as herein provided, 
remain in force until the first day of the following January, when 
they shall be superseded by the new rolls made up as herein 
provided. 

Subdivision 8. Except as otherwise expressly provided in this 
act, only electors enrolled as herein provided shall be entitled 
to participate in the primary elections of their respective parties. 
No elector shall take part in any primary election of any party 
other than the party with which he shall at the time be enrolled. 
The enrollment books herein provided for and any declarations 
filed on enrollment or on challenge, shall be public records, and 
shall be open to inspection and copying at any time by any 
person, except for the period during which they are required to 
remain sealed as herein provided. It shall be the duty of the 
custodian of primary records to certify to the correctness of any 
transcript of such enrollment books, or of any part thereof, on 
the payment of one cent for every twenty names contained in 
such transcript; wherever the custodian of primary records is a 
salaried officer, the fees received by him for certifying such tran¬ 
scripts, shall be paid into the public treasury. Such a certified 
transcript, containing the name and showing the enrollment of 
any elector, shall be sufficient evidence of such enrollment. 

Subdivision 9 . The custodian of primary records shall annually 
provide a duplicate set of enrollment books for each party at the 
time subject to the provisions of this act and shall, in the month 
of January of each year, deliver one set of such books to the 
chairman of the proper general committee of each party. Such 
duplicate books shall conform in all respects to the form of the 
original enrollment books, and all entries in such original enroll¬ 
ment books completed to January first, shall be transferred there¬ 
to. The custodian of primary records shall, whenever requested 
so to do by the chairman of the proper general committee of any 
party, and upon the delivery to him of that party’s duplicate enroll- 


11 


ment book for any election district, make suck additions thereto 
and changes therein as may be necessary to cause the same to 
conform to the original enrollment books of that election district, 
completed to the first day of the month during which such re¬ 
quest is made, and shall, as promptly as possible, return the same 
to such chairman or his duly authorized representative, accom¬ 
panied by a certificate that such duplicate book is a correct copy 
of the original, as of such date. 

Subdivision 10 . The original enrollment books shall be used at 
all official primary elections, and shall be delivered by the cus¬ 
todian of primary records to the proper boards of election in¬ 
spectors immediately before the opening of the polls on each 
official primary day, and shall be returned to such custodian 
forthwith, after the completion of the canvass of the votes. 
At all unofficial primary elections of a party, the certified du¬ 
plicate books completed to the first day of the month preced¬ 
ing the month in which the primary election is held, shall be 
used, and no elector shall be allowed to take part in such pri¬ 
mary election as a resident of any election district, unless his 
name is upon the duplicate book for that district. 

§ 4 . Primary elections.—'Subdivision 1 . The seventh Tuesday 
before the day of general election in each year shall be known as 
the annual primary day, and in all cities and villages to which 
this act is applicable each party shall on such day hold primary 
elections for the following purposes: 

( 1 ) The election of delegates to all political conventions except 
state and national conventions, conventions made up of delegates 
who by the ruiles and regulations of the party are chosen by other 
conventions and not at primary elections, and conventions called 
to meet prior to such primary day for the purpose of nominating 
candidates to be voted for at special elections; 

( 2 ) For the nomination of all candidates for public offices to 
be voted for at the ensuing election who by a rule adopted by a 
party pursuant to section fourteen of this act are to be nomi¬ 
nated at a primary election and not at a convention; 

( 3 ) For the election of all committeemen who are to be chosen 
at a primary election and not at a convention. 


12 


Subdivision 2 . In each year when a governor is to be elected 
there shall be a primary election for the choice of delegates to 
state conventions and of delegates to conventions by which dele¬ 
gates to state conventions are to be chosen on an additional 
official primary day which shall be on the first Tuesday of June. 
The primary elections on that day shall be subject to all the 
provisions of this act for the conduct of primary elections on the 
annual primary day in September. The expense of official pri¬ 
mary elections, including the compensation herein provided to be 
paid to primary election inspectors, shall be paid by the same 
officers or boards, and in the same manner, as the expenses of 
general elections. Delegates to congressional conventions, or to 
conventions to elect delegates to congressional conventions, shall 
be elected either on the annual primary day, or on the official 
primary day in June, as the rules and regulations of a party may 
prescribe. 

Subdivision 3 . The custodian of primary records shall, thirty 
days before each official primary day, divide every ward or as¬ 
sembly district in a city and every village to which this act is 
applicable, into primary districts, each of which shall consist of 
two contiguous election districts, except that in case there is an 
odd number of election districts in such ward, assembly district,, 
or village, the highest numbered election district shall be a pri¬ 
mary district by itself. There shall be two polling places in 
each of such primary districts, which shall be designated and 
provided at public expense by the officers or boards whose duty 
it is to provide polling places for days of general election, and 
which shall be, so far as they are available, the same places 
which were used for the last preceding general election. The 
custodian of primary records shall assign one of the polling 
places in each primary district to the party which, at the last 
election of a governor, cast the highest number of votes for gov¬ 
ernor, and at the other polling place in such primary district 
there shall be held the primary elections of all other parties. 

Subdivision 4 . At least twenty days before each official pri¬ 
mary day the chairman of the general committee of each party 


13 


subject to the provisions of this act, shall certify and deliver to 
the custodian of primary records a statement of the conventions, 
committees and offices for which delegates, members or candi¬ 
dates, as the case may be, are to be elected thereat, and the num¬ 
ber of delegates to conventions, and members of committees, to 
be elected in each unit of representation. The custodian of pri¬ 
mary records shall prepare a notice of each official primary elec¬ 
tion provided for by this act, and shall publish such notice, not 
more than ten days and not less than five days prior to such 
primary election, in at least one newspaper having a general 
circulation in the city or village, of the political faith of each of 
the two parties which, at the last preceding election of a gover¬ 
nor cast the highest and next highest number of votes for gover¬ 
nor. Such notice shall specify the day of such primary election, 
the hours during which it will be held, the location of each poll¬ 
ing place, the election districts whose electors may vote at each 
such polling place, the name of the party or parties whose pri¬ 
mary elections will be held thereat, and the conventions, com¬ 
mittees and offices for which delegates, members or candidates, 
as the case may be, will be voted for thereat. All official primary 
elections held in pursuance of this act shall be open from eight 
o’clock in the morning to ten o’clock in the evening. All other 
primary elections, if any, shall be open for not less than four 
hours commencing not earlier than three o’clock in the afternoon 
and ending not later than ten o’clock in the evening. 

Subdivision 5 . Notice of all unofficial primary elections shall be 
given in the same manner as in the case of official primary elec¬ 
tions, except that such notice shall be given by the proper party 
officers and shall not be at public expense. Unofficial primary 
elections shall be held in such places within the unit of represen¬ 
tation for which the primary election is held, as shall be desig¬ 
nated by the proper political committee, but there shall be at least 
one polling place within and for each assembly district, ward or 
village. No primary election shall be held in a saloon or drink¬ 
ing place, or in a room which is more than one flight of stairs 
from the street or not readily accessible from the street. The 


14 


chairman and secretary of the political committee calling an un¬ 
official primary election, or under whose direction such primary 
election is held, shall post, and keep posted during the election, 
at or near the entrance to the room where the primary election is 
held, so that the same is clearly visible from the street, a conspic¬ 
uous notice calling attention to the place at wffiich the primary 
election is being held. Unofficial primary elections shall be held 
at the expense of the party holding them, and, except as herein 
otherwise provided, shall be subject to the rules and regulations 
of such party. 

§ 5 . Primary election officers.—Subdivision 1 . There shall be 
for each primary district two boards of primary election inspec¬ 
tors, one of which shall consist of the election inspectors for the 
election district or districts comprised within such primary dis¬ 
trict who shall, at the time, represent the party which, at the last 
preceding general election of a governor, cast the largest number 
of votes for governor, and the other of which shall consist of the 
election inspectors who shall represent the party which, at such 
election, cast the second largest number of votes for governor, 
except that in a primary district co-terminous with an election 
district each board shall have, as an additional member thereof, 
the poll clerk who shall represent the same party as the tw T o in¬ 
spectors of election. The first mentioned of said boards shall 
conduct the primary elections of the party represented by its 
members, and the second mentioned of said boards shall conduct 
the primary elections of all other parties at the time entitled to 
hold official primary elections. 

Subdivision 2 . The election officers who are required by section 
twelve of the election law T to be appointed on or before the first 
day of October in each year, shall, in all cities to which this act 
is applicable, be appointed, and take office, at least thirty days 
before the first day of October. The oath which each election 
officer is required to take by the provisions of section twelve of 
the election law, shall include his duties as a primary election 
officer, and all duties prescribed by this act. Removals from, 
and vacancies in, a board of primary election inspectors on an 


15 


official primary or enrollment day shall be made and filled in the 
same manner as on a day of registration. Before entering upon 
their duties, the inspectors of each primary district shall meet 
and appoint one of their number chairman, or, if a majority 
shall not agree upon such appointment, they shall draw lots for 
that position. The primary election inspectors serving on the 
official primary days and on the day of supplemental enrollment 
in May, shall each be paid the sum of four dollars for each day 
of such service. Before entering on his duties, each primary in¬ 
spector shall make and subscribe an oath to faithfully perform 
his duties as such, which oath shall form a part of the return to 
the custodian of primary records. 

§ 6. Ballots, booths, supplies, et cetera.—The custodian of pri¬ 
mary records shall, not later than twenty days prior to the hold¬ 
ing of any official primary election provided for in this act, 
prescribe the size, color, weight and texture of the paper to be 
used for the ballots at such primary election and prepare samples 
thereof. The colors of the ballots shall be such that those of each 
party shall be easily distinguishable from those of all the other 
parties and shall be such that the printing thereon shall be easily 
legible. The paper shall be of such weight and texture as to 
make it impossible to read or decipher the printed matter on the 
inside of the ballot when it shall be folded. Each ballot shall 
have printed or written upon its face the party name, the as¬ 
sembly district or ward number if any, the election district 
number when the election district is a unit of representation, the 
names of the positions to be filled and the names of the persons 
voted for to fill such positions. The size of the ballot shall be 
large enough for the printing thereon of a complete set of names 
for all the positions to be filled at such primary election. All 
printing thereon shall be in black ink. Such sample ballots shall 
have the words “ sample ballot of the (specifying it) party ” 
printed thereon, and shall be exhibited for inspection during the 
hours within which the office of such custodian is open for busi¬ 
ness, and it shall be the duty of such custodian to furnish to 
each member of the board of primary election inspectors and to 


16 


any elector applying for the same, a sample of the ballot for each 
party. The custodian shall also furnish to party committees or 
to electors, applying therefor, at cost, the paper so designated 
to be used for ballots. Ballots to be voted on either of the two 
official primary days may be provided by any person. Ballots 
not conforming to the provisions of this section shall not be 
counted at any official primary election. The polling places, 
voting booths, guard-rails, distance-markers, ballot boxes, sam¬ 
ple ballots and other supplies required for official primary elec¬ 
tions and enrollments shall be provided and paid for by the 
same officers, and in the same manner, as in the case of gen¬ 
eral elections, pursuant to sections ten and eighteen of the elec¬ 
tion law. At all official primary elections a separate box with 
the name of the party and with the number of the election dis¬ 
trict clearly and conspicuously written or printed thereon, shall 
be provided at each polling place for each party participating 
in a primary election at such polling place and for each election 
district the voters of which vote at such polling place; and 
there shall also be a large box for the reception of the unvoted 
ballots. There shall be affixed to the outside of the polling place, 
and in at least two places on the inside thereof, and in a con¬ 
spicuous manner, placards, printed with large-sized and bold¬ 
faced type, which shall specify the name of the party or parties 
whose primary election is being held in such polling place. It 
shall be the duty of all primary inspectors to receive, preserve, 
and have at their respective polling places for delivery to electors 
on any official primary day, all unvoted ballots which may be 
delivered to them, or any of them, by any qualified elector at any 
time before the closing of the polls on any such primary day. 

§ 7. Voting at official primary elections.—Subdivision 1. When, 
at any official primary election, an elector shall present himself 
to the board of primary inspectors, and declare his desire to vote, 
he shall announce his name, residence and party, and if he shall 
be found to be duly enrolled as a member of such party in that 
primary district, the board of primary inspectors, or a member 
thereof, shall deliver to him unfolded one of each of the ballots 


I 


17 

of Ills party intended for the electors of the election district in 
which he resides, which are in the polling place. Thereupon, and 
before voting, the elector shall retire into one of the booths of the 
polling place. Immediately upon leaving such booth he shall be 
permitted to vote by delivering to one of the inspectors any ballot 
which conforms, in external appearance, to the provisions of this 
act, folded in such a way that none of the printed or written mat¬ 
ter on the inside thereof shall be visible. The inspector to whom 
such ballot is so delivered shall, at once and in the presence of 
the elector, deposit it in the proper ballot-box. When an elector 
shall have offered his ballot, and it shall be in the ballot-box, he 
shall deliver all of the unvoted ballots which were delivered to 
him, each of them so folded as to conceal the inside thereof, to 
such inspector, and such officer shall, forthwith and without 
opening the same or revealing the contents thereof, deposit such 
ballots in the box for unvoted ballots. Such unvoted ballots 
shall, on completion of the canvass, be removed from such box, 
and without being examined be destroyed. No person shall cast 
more than one ballot. No ballot which shall have any printing, 
writing or mark on the outside thereof, shall be received. No 
ballot shall be in any way marked for identification. At all 
primary elections, all ballot-boxes to be used thereat shall be 
opened and examined by the board of primary inspectors in 
the presence of the watchers, if any, before any ballots are 
received; and when empty shall be closed and sealed, and not 
be opened again until the close of the polls at such primary 
election. The procedure shall, as far as possible, except as 
changed by the provisions of this act, be the same as that 
provided for the reception and deposit of ballots on the day of 
general election. When the elector shall have cast his ballot, 
that fact shall be recorded by the board of primary inspectors by 
the entry of the word “ voted,” opposite his name in the proper 
column of the original enrollment books provided therefor. 

Subdivision 2. The right of an enrolled elector to participate 
in any official primary election shall be subject to challenge at 
any time before his ballot is deposited in the ballot-box. When 


o 


18 


any enrolled elector shall be challenged, the chairman, or one 
of the members of said board, shall forthwith put to him an oath 
or affirmation to answer truly such questions as shall be put to 
him, and he shall be allowed to vote if, and only if, he shall make 
such oath or affirmation, and shall answer in the affirmative each 
of the following questions: 

Are you.(using the name 

which he has given as his name)? 

Do you reside, and have you, for thirty days last past resided 

at.(giving tha address which 

he has given as his residence)? 

Subdivision 3. From the time of the opening of the polls, until 
the result of the canvass of the votes cast thereat shall have 
been announced, and the official statements of such canvass shall 
have been signed, the ballot-boxes and all voted ballots shall be 
kept wuthin the guard-rail. No person shall be admitted within 
the guard-rail during such period, except primary election in¬ 
spectors, duly authorized watchers, persons admitted by the in 
spectors to preserve order or enforce the law, and persons duly 
admitted for the purpose of voting; provided, however, that any 
candidate voted for may be present at the canvass of the votes. \ 

Subdivision 4. Watchers, not exceeding one for each election 
district, may be appointed by any political committee, and by 
any two or more of the persons whose names are upon any ticket 
to be voted for at such primary election. Such watchers may 
be present at such polling place and within the guard-rail from v 
at least fifteen minutes before the examination of any ballot-box 
at the opening of the polls of such primary election until after 
the announcement of the result of the canvass of the votes cast 
thereat and the signing of the statements thereof by the inspect¬ 
ors. A reasonable number of challengers, at least one person foi 
any three or more persons of each party holding its primary 
election at that polling place, whose names are upon any ticket 
to be voted for at such primary election, shall be permitted to 
remain just outside the guard-rail of each such polling place, and 




19 


where they can plainly see what is done within such rail outside 
the voting booths, from the opening to the close of the polls 
thereat. No person shall, while the polls are open, at any polling 
place do any electioneering within such polling place, or within 
one hundred feet therefrom, in any public street or in any build 
ing or room, or in a public manner, and no political banner, pos 
ter or placard shall be allowed in or upon such polling place on 
any primary day. 

§ 8. Canvass of votes.—Subdivision 1. As soon as the polls at 
any official primary election shall close, the board of primary 
inspectors shall forthwith publicly canvass and ascertain the re¬ 
sult thereof, and they shall not adjourn or postpone the canvass 
until it shall be fully completed. All questions touching the 
validity of ballots or their conformity with the provisions of this 
act, shall be determined by a majority vote of the board of pri¬ 
mary inspectors. The room in which such canvass is made shall 
be clearly lighted, and such canvass shall be made in plain view ; 
of the public. It shall not be lawful for any person or persons 
during the canvass to close, or cause to be closed, the main en¬ 
trance to the room in which such canvass is conducted, in such 
manner as to prevent ingress or egress thereby. The board of 
primary inspectors shall proceed to canvass the vote by count¬ 
ing the ballots found in the ballot boxes without unfolding 
them, except so far as to ascertain that each ballot is single, and 
by comparing the ballots found in each box with the number 
shown by the enrollment books to have been deposited therein. 
If the ballots found in any box shall be more than the number of 
ballots so shown to have been deposited therein such ballots shall 
be replaced, without being unfolded, in the box from which they 
were taken, and shall be thoroughly mingled therein, and one of 
the inspectors designated by the board shall, without seeing the 
same and with his back to the box, publicly draw out as many 
ballots as shall be equal to such excess, and, without unfolding 
them, forthwith destroy them. If two or more ballots shall be 
found in the ballot box so folded together as to present the ap¬ 
pearance of a single ballot, they shall be destroyed if the whole 


20 



number of ballots in such ballot box exceeds the whole number 
of ballots shown by the enrollment books to have been deposited 
therein, and not otherwise. If there lawfully be more than one 
ballot box for the reception of ballots voted for at any one polling 
place, no ballot found in the wrong ballot box shall be rejected, 
but shall be counted in the same manner as if found in the 
proper box, if such ballot shall not, together with the ballots 
found in the proper ballot box, make a total of more ballots than 
are shown by the enrollment books to have been deposited in the 
proper box. The chairman only of the board of primary inspect¬ 
ors shall unfold the ballots taken from the ballot box. When 
a ballot is not void, and a primary election inspector or a duly 
authorized watcher shall, during the canvass of the vote, declare 
his belief that any particular ballot has been written upon or 
marked in any way for the purpose of identification, the inspect¬ 
ors shall write on the back of such ballot “ Objected to because 
marked for identification,” and shall specify over their signatures 
upon the back thereof the mark or marking upon such ballot to 
which objection is made. The votes upon each such ballot shall 
be counted by them as if not so objected to. If any ballots shall 
be rejected as void, the reason for such rejection shall be written 
on the back thereof by the chairman of the inspectors, or by an 
inspector designated by him. All ballots rejected as void, and 
all ballots protested as marked for identification, shall be secured 
in a separate sealed package, which shall be endorsed on the out¬ 
side thereof with the names of the inspectors, the designation of 
the election district, and the number and kind of ballots con¬ 
tained therein. Such package shall be filed by the chairman of the 
board of inspectors with the original statement of the canvass. 
A statement of the number of ballots protested as marked for 
identification, and of the number thereof rejected as void, shall 
be included in each of the statements of the result of the can¬ 
vass. If requested by any watcher, the inspector shall, during 
the canvass, exhibit any and all ballots cast at such primary elec¬ 
tion to such watcher, fully opened and in such a condition that he 
may fully and carefully read and examine the same, but such in¬ 
spector shall not allow any such ballot to be taken from his hand. 


21 


Subdivision 2. Immediately upon the completion of such can¬ 
vass, the board of primary inspectors in each primary district 
shall make public oral proclamation of the result thereof, and 
shall make a written statement of such result for each election 
district in such primary district, and also a duplicate thereof, 
which shall be known as the duplicate statement. Immediately 
after the completion of such statements, such board shall file the 
original thereof with the custodian of primary records, and shall 
file the duplicate statement with the clerk of the city or village. 
In any county which contains a city or village to which this act 
is applicable and has territory greater than such city or village, 
the officers presiding at primary elections held in the political 
divisions of such county outside of such city or village shall file 
with the custodian of primary records immediately after the hold¬ 
ing of every such primary election a sworn statement of the dele¬ 
gates and members of general committees elected thereat. 

Subdivision 3. At all reasonable times any watcher shall have 
reasonable opportunityto make a transcript of such statement, or 
any portion thereof, and any candidate shall be entitled to receive, 
upon demand, a written statement showing the result of the pri¬ 
mary election so far as he is concerned. In the case of a primary 
election at which persons are elected to any convention or com¬ 
mittee from election districts as the unit of representation, the 
board of primary inspectors shall, promptly after canvassing the 
vote, deliver to each of the persons who receive the largest num¬ 
ber of votes as delegates to, or as members of, such convention or 
committee, or to the respective persons authorized in writing by 
them to receive the same, a certificate stating the total number of 
votes cast for the respective candidates and the number thereof 
received by such persons respectively. Such certificate shall be 
the evidence of the election of such persons, and shall entitle them 
and each of them to be placed upon the roll of, and be admitted, 

I 

to such convention or committee. After the close of the canvass 
of the votes at primary elections, the ballots cast thereat, except 
those rejected as void or protested as marked for identification, 


22 


shall be replaced into the ballot boxes from which they were 
respectively taken, and such ballot boxes shall then be securely 
locked and sealed, and shall be returned to the officer from whom 
they were received, who shall safely keep the same; subject, how¬ 
ever, to be produced upon the order of any court of record or 
judge thereof, for not less than thirty days after such primary 
election, w T hen the ballots shall be removed and, without exami¬ 
nation, destroyed. 

Subdivision 4. The custodian of primary records shall forth¬ 
with proceed to canvass the statements so filed (except so far as 
they relate to the election of delegates to conventions or members 
of committees from election districts as the unit of representa¬ 
tion), and shall complete such canvass within seventy-two hours 
from midnight of the day on which the primary election was held. 
Such custodian shall thereupon prepare certified statements of the 
result of the primary elections of each party participating therein 
and shall make up the rolls of the convention for which delegates 
were elected at such primary elections, so far as such conventions 
are to be made up of such delegates, and add thereto the names 
of any delegates entitled to act in such conventions from any of 
the political divisions of such county not included within any 
city or village to wffiich this act is applicable, as contained in the 
statements filed with him pursuant to subdivision tw T o of section 
eight of this act, and shall promptly mail, and, if requested, 
deliver one copy thereof to the respective secretaries of the 
proper political committees of the several parties partici¬ 
pating in such primary election. It shall be the duty of the cus¬ 
todian of primary records to prepare a certified transcript of such 
statements, or any portion thereof, and deliver the same to any 
individual or political committee upon demand on payment of 
five cents for every one hundred words so certified. Wherever 
the custodian of primary records is a salaried officer, the fees 
received by him for making such certified transcripts, shall 
be paid into the public treasury. The secretary of any po¬ 
litical committee shall be entitled to receive, upon demand, 
a certificate of the result of any such election in any unit 


23 


of representation comprised within the territory within which 
such committee represents a party. Such custodian shall alsc 
promptly deliver upon demand to any person, who, by the state¬ 
ments so filed and canvassed, is shown to have 'been elected as a 
delegate to a convention or a member of a committee, or to have 
been nominated as a candidate for public office, a certificate of 
such election or nomination, as the case may be. Such certificate 
or a duplicate thereof, shall be sufficient to entitle the person 
named therein to be admitted to the convention or committee to 
which he shall have been elected, and upon filing such certificate 
in the proper office and at the proper time prior to election day, a 
person nominated for public office at such primary election shall 
be entitled to have his name printed upon the official ballot of his 
party, as if he had been nominated in the manner provided in 
section fifty-six of the election law. Nothing herein contained 
shall be construed as preventing the holding of a convention prior 
to the receipt by the secretary of the proper political committee 
of the certificate provided for in this section, provided the roll of 
such convention shall be made up of those delegates who shall 
have been duly elected as shown by the original statements of 
the boards of primary inspectors in the various election districts, 
and in the statements filed pursuant to subdivision two of section 
eight hereof. 

§ 9. Committees, and rules and regulations of parties.—Subdi¬ 
vision 1. Each party shall have a general committee for each 
county, except that in The City of New York there may be, in lieu 
of, or in addition to, a general committee for each county wholly 
therein, a general city committee or general borough committees, 
or both, as the rules and regulations of the party may prescribe. 
Any party may also have committees in and for such other polit¬ 
ical subdivisions as its rules and regulations may prescribe. 
All members of general committees, and assembly district and 
ward committees, chosen in or from cities of the first class, shall 
be elected at the primary elections, and, except in the year eighteen 
hundred and ninety-eight, on the annual primary day in the month 
of September of each year. In the other cities and villages to 


I 


24 


which this act is applicable, except as otherwise provided in this 
act, there shall be elected at the primary elections on such day 
either the members of all general committees elected from such 
cities or villages or the members from such cities or villages of the 
conventions or committees by which members of the general com¬ 
mittees are to be appointed, and in such cities and villages the 
rules of the party may determine whether members of general 
committees shall be elected at primary elections or by conven¬ 
tions or committees the members of which shall be elected on the 
annual primary day as above provided, or by conventions or com¬ 
mittees which shall have been chosen by delegates who 
shall have been elected on the annual primary day as above 
provided. Except as otherwise herein provided, the times 
when committees elected at primary elections shall take office 
shall be determined by the rules and regulations of the re¬ 
spective parties. Members of committees shall be apportioned 
among the various units of representation entitled to representa¬ 
tion therein according to the rules hereinafter prescribed for the 
apportionment of delegates to conventions. 

Subdivision 2. The rules and regulations of parties, and of the 

conventions and committees thereof, shall not be contrary to, or 

inconsistent with, the provisions of this act, or of anv other law, 

and shall not be amended except upon reasonable notice. Every 

political committee shall, within ten days after its organization, 

file with the proper custodian of primary records a certificate 

specifying the names and addresses of its chairman and secretary. 

%* 

§ 10. Conventions.—The delegates to every party convention in 
and for any political subdivision, chosen in any city or village to 
which this act is applicable, shall be apportioned among the units 
of representation in such city or village as nearly as possible upon 
the basis of the number of votes cast therein for the party candi¬ 
date for governor at the last preceding general election, except 
that in any county no part of which is included within the bound¬ 
aries of a city of the first class, the general committee of the party 
may, by its rules and regulations, continue any existing system 
of representation in conventions. The general committee of any 


25 


party may also by its rules and regulations apportion the voting 
power of the delegates to a convention in accordance with such 
vote for governor. If the boundaries of any political subdivisions 
serving as units of representation shall have been changed since 
the last preceding general election at which a governor was 
elected, the party vote for governor at such election within the 
limits of such newly constituted units of representation shall be 
estimated as closely as possible and the apportionment of dele¬ 
gates shall be made in accordance with such estimate. The room 
designated for the meeting place of any convention shall have 
ample seating capacity for all delegates and alternates. Every 
convention shall be called to order by the chairman of the com¬ 
mittee with whom the call originates or by a person designated 
in writing for that purpose by such chairman, and such chair¬ 
man or person so designated shall have the custody of the roll 
of the convention until it shall have been organized. No con¬ 
vention shall proceed to the election of a temporary chairman or 
transact any business until the time fixed for the opening thereof 
has arrived and at least a majority of the delegates named in the 
official roll shall be present. The roll-call upon the election of 
temporary chairman shall not be delayed more than one hour after 
the time specified in the call for the opening of the convention, 
provided a majority of the delegates are present. The temporary 
chairman of the convention shall be chosen on a call of the roll, 
and as the name of each delegate is called he shall rise in his place 
and declare his choice for such officer. The person who calls the 
convention to order shall exercise no other function than that of 
calling the official roll of the delegates upon the vote for tempo¬ 
rary chairman and declaring the result thereof. The committees 
of a convention shall be appointed by the convention, or by the 
temporary chairman, as the convention may order. Unless the 
convention shall otherwise order, the permanent chairman shall be 
chosen on roll-call. The permanent officers shall keep the records 
of the convention, and within forty-eight hours after the adjourn¬ 
ment thereof, shall certify and file the same in the office of the cus¬ 
todian of primary records. Before entering upon their duties, the 


26 


temporary and permanent chairman of every convention, and the 
chairman of any committee on contested seats therein, shall re¬ 
spectively take an oath to faithfully perform the duties of their 
offices, which oath may be taken before any officer authorized by 
law to administer an oath, and shall form a part of, and be filed 
with the records of the convention. Each convention shall de¬ 
cide all questions as to contested seats therein. 

§ 11. Special provisions for eighteen hundred and ninety-eight. 
Subdivision 1 An enrollment for the official primary elections in 
the year eighteen hundred and ninety-eight, confined to the par¬ 
ties which are entitled to be represented by election officers at the 
next general election, shall be made as follows: 

The custodian of primary records shall cause to be prepared on 
or before the fifteenth day of April, tw T o original enrollment 
books for each election district, in all respects similar to those re¬ 
quired by section three of this act. From the said fifteenth day 
of April to and including the thirtieth day of April any elector 
who was duly registered as a voter on any of the days of regis¬ 
tration in the year eighteen hundred and ninety-seven and who 
still resides in the election district in which he was so registered 
as a voter, may be specially enrolled in such enrollment books 
in the manner prescribed in section three of this act. On the 
second Tuesday in May there shall be a supplemental enrollment 
in each election district conducted in accordance with the pro¬ 
visions of section three of this act. When the rolls shall have 
been made up at the close of such supplemental enrollment day, 
they shall take effect immediately, and the procedure with refer¬ 
ence thereto and with reference to the official primary elections 
in the months of June and September eighteen hundred and 
ninety-eight shall be, in all respects, in accordance with the pro¬ 
visions of this act. 

Subdivision 2. At the primary election in June, eighteen hun¬ 
dred and ninety-eight, there shall be elected, in the cities 
and villages in which by law and by the rules and 
regulations of the party, general committeemen are re¬ 
quired to be elected at primary elections, the members 


27 


of the general county committees, whose officers shall be 
authorized to authenticate and file lists for the appointment 
of election officers; and in cities and villages in which such gen¬ 
eral committeemen are to be chosen by conventions or by other 
committees, the members of such conventions and other commit¬ 
tees shall be elected at such primary elections in June. Such 
general committeemen shall be apportioned among the several 
assembly districts or wards, of each city or village containing 
more than one assembly district or ward and of each county 
wffiolly within a city, as nearly as possible upon the basis of the 
number of votes cast for the party candidate for governor at the 
last preceding election of a governor. The quotient obtained 
by dividing the whole party vote cast for governor in such city, 
county wholly within a city, or village, in the year eighteen hun¬ 
dred and ninety-six, by the number of members of the general 
committee elected in such city, county wholly within a city, 
or village, under the now existing rules and regulations, shall 
be the ratio for apportionment. Each assembly district or ward 
shall have one member of such committee for each ratio and each 
major part of a ratio included in its whole party vote for gov¬ 
ernor in the year eighteen hundred and ninety-six, but no assem¬ 
bly district or ward shall be without at least one member. The 
apportionment of such members to be elected at the primary 
election in June eighteen hundred and ninety-eight shall be made 
by the custodian of primary records as herein provided and shall 
be specified in the notice of said primary election. The mem¬ 
bers of committees so elected shall hold office until the annual 
primary day in the year eighteen hundred and ninety-nine. In 
any county which contains a city or village to which this act is 
applicable and has a territory greater than such city or village, 
the members of the general committee for such county represent¬ 
ing the portion thereof outside of such city or village at the 
time of the election of the members thereof from such city or 
village as herein provided, shall continue as members thereof 
until their successors are elected; provided, however, that, ex¬ 
cept in cities of the first class, the members of such committee 


28 


elected in any ward shall not exceed those now elected therein 
unless the members of such committee from all the towns and 
wards in such county shall be apportioned under the rules and 
regulations of the party, and elected upon the ratio hereinbefore 
mentioned, i 

'Subdivision 3. On the second Tuesday of June, eighteen hun¬ 
dred and ninety-eight, at half-past eight o’clock in the evening, 
the members of each county committee so constituted shall meet 
and organize. They shall proceed to adopt rules and regulations. 
Each such county committee, and the officers thereof, shall have 
all the power and authority, and shall perform all the duties, in 
reference to the next general election conferred upon the general 
committee, the county committee or the executive committee, or 
the officers thereof, of such party in such county by the electiou 
law. ! 

Subdivision 4. If the general committee of a party in any 
county which contains any of the cities or villages to which this 
act is applicable, and which has a territory greater than the terri¬ 
tory of such city or village, or the executive committee of such 
a general committee, shall, within ten days after this act shall 
become a law, adopt a resolution, and file a duly attested copy 
thereof with the county clerk, to the effect that the party in 
such county desires that the members of its general committee 
from such city or village, or the members of the convention or 
committees by which general committeemen are to be ap¬ 
pointed, be elected on the annual primary day in September, 
eighteen hundred and ninety-eight, instead of on the official 
primary day in June of that year; or to the effect that such 
party in such county desires that the primary election in June, 
or in September, eighteen hundred and ninety-eight or both 
such primary elections, be held without an enrollment; or to 
the effect that the primary election in June shall be an unofficial 
primary election held in accordance with the rules and regula¬ 
tions of the party rather than in the manner prescribed by this 
act,then such members of such committees shall be so elected and 
such primary election or elections shall be so held, and no pro- 


29 


vision in tins act inconsistent with such resolution, shall be 
deemed applicable to the enrollment or the primary elections of 
such party in said county during the year eighteen hundred and 

ninety-eight. 

Subdivision 5. In case any official primary election of any party 
in the year eighteen hundred and ninety-eight shall be held with¬ 
out an enrollment, any qualified voter presenting himself at a 
primary polling place and declaring that he is a resident of the 
primary election district in which such polling place is located, 
that he was duly registered as a voter in the city or village on 
one of the registration days in the year eighteen hundred and 
ninety-seven, and that he desires to vote as a member of a party 
then holding a primary election at such polling place, shall, upon 
stating his name and residence address, be entitled to vote as a 
member of such party in the election district in which he resides, 
provided that if challenged he shall make and file a declaration, 
or answer in the affirmative the questions, provided for in section 
three of this act as a prerequisite to enrollment in case of a chal¬ 
lenge upon a regular day of registration, and shall also declare 
the number of the election district in such city or village in which 
he registered as a voter in eighteen hundred and ninety-seven, 
and the residence address from which he so registered. The pri¬ 
mary election inspectors shall record in a book, which it shall be 

the duty of the custodian of primary records to provide at public 

\ 

expense, the name and address of each person voting at such 
primary election, and in the case of every person challenged, a 
minute showing how the elector qualified. Except as changed 
by the provisions of this section, the procedure at such primary 
election shall be as hereinbefore provided. 

§ 12. Jurisdiction of, and review by, the courts.—Any action 
or neglect of the officers or members of a political convention or 
committee, or of any inspector of primary election, or of any 
public officer, or board, with regard to the right of any person to 
participate in a primary election, convention, or committee, or 
to enroll with any party, or with regard to any right given to, or 
duty prescribed for, any elector, political committee, political 


32 


or village shall have voted at a general election to come in under 
this act. In such case such city or village shall be subject to the 
provisions of this act on and after the first day of registration 
next succeeding, and the custodian of primary records shall pro¬ 
vide the necessary enrollment books prior to such day. The 
question whether or not any such city or village shall come in 
under this act shall be submitted to the electors thereof when¬ 
ever the general committee of either of said parties, for the 
county in which such city or village is situated, shall by resolu¬ 
tion request such submission and shall file a duly attested copy 
of such resolution with the secretary of state and with the county 
clerk, not less than sixty days before any general election. A 
similar procedure shall take any such city or village which has 
so elected to come within the provisions of this act, out of such 
provisions and make them thereafter no longer applicable to 
such city or village; but if the decision to come under this act 
was made at a general election, such decision can be changed 
only at a general election. 

§ 17. Repealing clause.—All acts and parts of acts inconsist¬ 
ent with the provisions of this act are hereby repealed, in so far 
as they apply to the parties and in the places to which this act 
is, or shall be applied. 

§ 18. This act shall take effect immediatelv. 


Wynkoop Hallenbeck Crawford Co., State Printers, New York and Albany. 



THE ELECTION LAW. 


As amended to the commencement of the session of 1897. 

L. 1896, ch. 909 — An act in relation to the elections, constituting 

chapter six of the general laws. 

[Became a law May 27, 1896, taking effect June 16, 1896.] 
CHAPTER VI OF THE GENERAL LAWS. 

The Election Law. 

Article 1^ Times, places, notices, officers and expenses of elec¬ 
tions. (Sections 1 to 19.) 

II. Registration of electors. (Sections 30 to 36.) 

IH. Primaries, conventions and nominations. (Sections 
50 to 66.) 

IV. Official and sample ballots, instruction cards and 
stationery. (Sections 80 to 89.) 

V. The conduct of elections. (Sections 100 to 114.) 

VI. County and state boards of canvassers. (Sections 
130 to 141.) 

VH. Electors of president and vice-president and repre¬ 
sentatives in congress, (Sections 160 to 167.) 

ARTICLE I. 

Times, Places, Notices, Officers and Expenses of Elections. 

Section 1. Short title. 

2. Date of general election. 

3. Time of opening and closing polls. 

4. Filling vacancies in elective offices. 

5. Notice of elections. 

6. Notice of submission of proposed constitutional 

amendments or other propositions or questions. 

7. Publication of concurrent resolutions, proposed con¬ 

stitutional amendments and other propositions. 

8. Creation, division and alteration of election districts. 

9. Maps and certificates of boundaries of election dis¬ 

tricts. 



£ 


Election Code. 


Section 10. Designation of places for registry and voting. 

11. Election officers; designation, number and qualifica¬ 

tions. 

12. Appointment and qualification of election officers in 

cities. 

13. Election officers in towns. 

31. Organization of boards of inspectors; supplying 

vacancies and absences. 

15. Preservation of order by inspectors. 

16. Ballot boxes. 

IT. Voting booths and guard-rails. 

18. Payment of election expenses. 

19. Delivery of election laws to clerks, boards and elec¬ 

tion officers. 

Section 1. Short title.— This chapter shall be known as the 
election law. 

These sections of the Election Law seem to confine its scope and appli¬ 
cation to general elections and special elections to fill vacancies in office. 
Matter of Taylor (Sup. Ct., 2 , D., 1896), 3 App. Div. 244. 

The Election Law does not apply to an election held to determine the 
question of the incorporation of a proposed village. Id. Such an election 
is properly conducted under the general act for the incorporation of vil¬ 
lages. (Chap. 291 of 1870.) Id. 

J 

§ 2. Date of general election.—A general election shall be held 
annually on the Tuesday next succeeding the first Monday in 
November. 

§ Time of opening and closing polls.—The polls of every 
general election, and, unless otherwise provided by law, of every 
other election shall be open at six o’clock in the forenoon and shall 
close at five o’clock in the afternoon. There shall be no adjourn¬ 
ment or intermission until the polls are closed. The closing of the 
polls shall be deemed to mean the close of the delivery of official 
ballots to electors, and the electors entitled to vote who have law¬ 
fully begun the act of voting before the time fixed for the close of 
the polls, shall be allowed to complete the act. 

The rules prescribed by statute for the conduct of elections are direct¬ 
ory, not jurisdictional, in their character. People v. Cook, 8 N. Y. 67. 
The provision of the statute as to the time of opening and closing the 
polls is directory. Id. 

The provision of the Election Law that the polls shall close ac four 
o’clock was held, in Matter of Smith, 18 N. Y. State Repr. 785, to be 
constitutional and legal, and a mandamus will not lie extending the time 
though asked for the purpose of preventing lawful voters from being 
cut off from their right to vote. The provision was held to mean, not the 
closing of the polling place, but of the polling of votes, and, though citi¬ 
zens may be in line ready to vote at four o’clock, their votes can not be 
received after that time. 


Election Code. 


3 


§ 4. Fillingvacanciesinelective offices. —A vacancy occurring 
before October fifteenth of any year in any office authorized to 
be tilled at a general election, shall be filled at the general 
election held next thereafter, unless otherwise provided by the 
constitution, or unless previously filled at a special election. Upon 
the failure to elect to any office, except that of governor or 
lieutenant-governor, at a general or special election, at which 
such office is authorized to be filled, or upon the death or dis¬ 
qualification of a person elected to office before the commence¬ 
ment of his official term; or upon the occurrence of a vacancy in 
any elective office which can not be filled by appointment for 
a period extending to or beyond the next general election at 
which a person may be elected thereto, the governor shall make 
proclamation of a special election to fill such office, specifying 
the district or county in which the election is to be held, and 
the day thereof, which shall be not less than twenty nor more 
than forty days from the date of the proclamation. A special 
election shall not be held to fill a vacancy in the office of a repre¬ 
sentative in congress unless such vacancy occurs on or before the 
first day of July of the last year of the term of office, or unless 
it occurs thereafter and a special session of congress is called 
to meet before the next general election, or be called after Octo¬ 
ber fourteenth of such year; nor to fill a vacancy in the office 
of state senator, unless the vacancy occurs before the first day 
of April of the last year of the term of office; nor to fill a vacancy 
in the office of a member of assembly,- unless occurring before 
the first day of April in any year, unless the vacancy occurs in 
either such office of senator or member of assembly after such 
first day of April and a special session of the legislature be 
called to meet between such first day of April and the next 
general election or be called after October fourteenth in such 
year. If a special election to fill an office shall not be held as 
required by law, the office shall be filled at the next general 
election. 

§ 5. Notices of elections by secretary of state and county clerk. 

— The secretary of state shall, at least three months before each 
general election, make and transmit to the county clerk of each 
county, and the police board of The City of New York, a notice 
under his hand and official seal, stating the day upon which such 
election shall be held, and stating each officer, except city, village 
and town officers, who may be lawfully voted for at such election 
by the electors of such county or any part thereof. If any such 


4 


Election Code. 


officer is to be elected to fill a vacancy, the notice shall so state. 
The secretary of state shall forthwith, upon the filing in his office 
of the governor’s proclamation ordering a special election, make 
and transmit to each county clerk and to the police board of The 
City of New York, a like notice of the officers to be voted for at 
such special election in such county or city or any part thereof, and 
cause such proclamation to be published in the newspapers 
published in such county having large circulation therein, at 
least once a week until such election shall be .held. Each county 
clerk shall forthwith, upon the receipt of either such notice, file and 
record it in his office, and shall cause a copy of such notice to be 
published once in each week until the election therein specified in 
the newspapers designated to publish election notices. He shall 
also publish as a part of such notice, - each city, village and town 
officer who may lawfully be voted for at such election by the 
electors of such county or any part thereof. 

§ 6. Notice of submission of proposed constitutional amend¬ 
ments or other propositions or questions. —Every amendment 
to the constitution proposed by the legislature, unless other¬ 
wise provided by law, shall be submitted to the people for 
approval at the next general election, after action by the legis¬ 
lature in accordance with the constitution; and whenever any 
such proposed amendment to the constitution or other proposition, 
or question provided by law to be submitted to a popular vote, 
shall be submitted to the people for their approval, the secretary of 
state shall include in his notice to the county clerk and the police 
board of The City of New York, of the general election, a copy of 
such amendment, proposition or question, and if more than one 
such amendment, proposition or question is to be voted upon at 
such election, such amendment, proposition or question, respec¬ 
tively, shall be separately and consecutively numbered. If such 
amendment, proposition or question is to be submitted at a special 
election, the secretary of state shall, at least twenty days before the 
election, make and transmit to each county clerk and the police 
board of The City or New York a like notice. Each county clerk 
shall, forthwith upon the receipt of such notice, file and record it in 
his office, and shall cause a copy of such notice to be published 
once a week until the election therein specified, in the newspapers 
designated to publish election notices. 


Election Code. 


5 


§ 7. Publication of concurrent resolutions, proposed constitu¬ 
tional amendments and other propositions — The secretary of 
state shall cause each concurrent resolution of the two houses of 
the legislature, agreeing to a proposed amendment to the con¬ 
stitution, which is referred to the legislature to be chosen at 
the next general election of senators, to be published once a week 
for three months next preceding such election, in two news¬ 
papers published in each county, representing the two political 
parties polling the highest number of votes at the then last 
preceding general election, and in one additional newspaper 
published in each county for every one hundred thousand 
people in such county, as shown by the then last preceding 
federal or state enumeration. Such additional newspapers 
shall be selected by the secretary of state with reference to 
making such publication in newspapers having the largest cir¬ 
culation in the county in which they are published. If such 
resolution does not state that such proposed amendment is so 
referred to such legislature, the secretary of state shall publish, 
in connection with the publication of such concurrent resolu¬ 
tion, a statement that such amendment is referred to the legis¬ 
lature to be chosen at the next general election. The secretary 
of state shall cause such proposed amendment to the constitu¬ 
tion or other proposition or question, which is by law to be 
submitted to the electors of the state at a general or special 
election, to be published for a like period before such elec¬ 
tion in newspapers selected in like manner, together with a brief 
statement of the law r or proceedings authorizing such submis¬ 
sion, the fact that such submission will be made and the read¬ 
ing form in which it is to be submitted. If such proposed amend¬ 
ment or other proposition or question is to be submitted at a 
special election, to be held less than three months from the 
time of appointing it, the first publication in each newspaper 
shall be made as soon as practicable after such appointment, 
and shall continue once in each week to the time of the election. 

§ 8. Creation, division and alteration of election districts.— 
Every town, or ward of a city, not subdivided into election districts 
shall be an election district. The town board of every town con¬ 
taining more than four hundred electors, and the common council of 
every city except New York, in which there shall be a ward contain¬ 
ing more than four hundred electors, shall, on or before the first day 
of Julv in each year, whenever necessary so to do, divide such town 
or ward respectively into election districts, each of which shall be 
compact in form, wholly within the town or ward, and shall contain 


6 


Election Code. 


respectively as near as may be, four hundred electors, but no such 
ward or town shall be again divided into election districts until, at 
some general election, the number of votes cast in one or more dis¬ 
tricts thereof shall exceed six hundred ; and in such a case the redi¬ 
vision shall apply only to the town or ward in which such district is 
situated. If any part of a city shall be within a town, the town 
board shall divide into election districts only that part of the town 
which is outside of the city. No election district including any part 
of a city shall include any part of a town outside of a city. A town 
or a ward of a city containing less than four hundred electors may, 
at least thirty days before the election or appointment (where ap¬ 
pointment is directed to be made by law) of inspectors of election of 
such town or ward, be divided into election districts by the board or 
other body charged with such duty when, in the judgment of such 
board or body, the convenience of the electors shall be promoted 
thereby. The creation, division or alteration of an election district 
outside of a city shall take effect immediately after the next town 
meeting, and at such next town meeting inspectors of election shall 
be elected for each election district as constituted by such creation, 
division or alteration. If the creation, division or alteration of an 
election district is rendered necessary by the creation or alteration of 
a town, or ward of a city, it shall take effect immediately, but a new 
town or ward shall not be created, and no new town or ward shall be 
subdivided into election districts between the first day of August of 
any year, and the day of the general election next thereafter. If 
inspectors are not elected or appointed for such district outside of a 
city before September the first next thereafter, the town board of the 
town shall appoint four inspectors of election for such district. If a 
town shall include a city, or a portion of a city, only such election 
districts as are wholly outside of the city shall be deemed election 
districts of the town, except for the purpose of town meetings. The 
police board of The City of New York shall divide such city into 
election districts on or before the first day of July in any year when¬ 
ever necessary so to do as hereinafter provided. The election dis¬ 
tricts existing pursuant to the provisions of law in the year eighteen 
hundred and ninety-seven in the counties of New York and Kings 
shall continue with their present boundaries until at some general 
election for the office of governor the number of registered electors 
therein shall exceed six hundred, provided, however, that any elec¬ 
tion district containing less than seventy-five electors in such coun¬ 
ties, made necessary by the crossing of congressional lines with other 
political divisions, may be consolidated with contiguous election dis¬ 
tricts in any year when no representative in congress is to be voted 
for in such districts. On or before the first day of July in the year 
eighteen hundred and ninety-eight the police board of The City of 
New York shall divide that portion of such city that is outside the 
counties of New York and Kings into election districts which shall 
be compact in form and shall contain as near as may be four hundred 
electors as shown by the registration of electors for the general 
election held therein in the year eighteen hundred and ninety-seven. 


Election Code. 


7 


Such election districts so established in The City of New York shall 
not again be changed until at some general election for the office of 
governor the number of registered electors therein shall exceed six 
hundred, except where changes are made necessary by a change in 
the boundaries of congressional, senate or assembly districts or ward 
lines, provided, however, that when the number of registered electors 
in any election district shall for two consecutive years, be less than 
two hundred and fifty, such district may be consolidated with con¬ 
tiguous election districts in the discretion of said police board. In 

that portion of The Citv of New York within the county of New 
York each election district shall be compact in form entirely within 
an assembly district and numbered in consecutive order therein re¬ 
spectively. In that portion of The City of New York outside of the 
county of New York each election district shall be compact in form, 
entirely within a ward and numbered in consecutive order therein 
respectively. Except as heretofore provided no election district shall 
contain portions of two counties, or two congressional, senate or 
assembly districts or two wards. Each town and each part of a town 
included in The City of New York, as constituted by the Greater 
New York charter, shall be respectively deemed to be a ward within 
the meaning of this section. 

§ 9. Maps and certificates of boundaries of election districts.— 

When a ward of a city or an assembly district within a city 
shall be divided into two or more election districts, the officers 
or board creating, dividing or altering such election districts, 
shall forthwith make a map or description of such division, 
defining it by known boundaries, and cause such map or descrip¬ 
tion to be kept open for public inspection in the office of the 
city clerk, and cause copies thereof to be posted not less than ten 
days prior to the first day of registration in each year, in at least 
ten of the most public places in each election district so created, 
divided or altered, and shall, prior to every election, furnish 
copies of such map or description to the inspectors of election in 
each election district of such ward or assembly district. The 
officers creating, dividing or altering an election district in a 
town shall forthwith make a certificate or map thereof, exhibit¬ 
ing the districts so created, divided or altered, and their numbers 
respectively, and file the same in the county clerk’s office, and 
a copy thereof in the town clerk’s office, and cause copies of the 
same to be posted in at least five of the most public places in 
each election district of such town, and the county clerk shall, 
prior to every general election, furnish copies of such maps or 
certificates to the inspectors of election in each election district 
of such town, provided such election district is not coterminous 
with the town lines. 


8 


Election Code. 


§ 10. Designation of places for registry and voting, publi¬ 
cation of same, and provision of furniture therefor. —On the 

first Tuesday of September in each year, the town board of each 
town, and the common council of each city, except New York, and 
the police board of The City of New York, shall designate the place 

in each election district in the city or town at which the meeting for 
the registration of electors and the election shall be held during the 
year. Each room so designated shall be of a reasonable size, suffi¬ 
cient to admit and comfortably accommodate at least ten electors at 
a time outside of the guard rails. No building, or part of a build¬ 
ing, shall be so designated in any city if within thirty days before 
such designation, intoxicating liquors, ale or beer, shall have been 
sold in any part thereof. No room shall be designated elsewhere in 
a city, if within thirty days before such designation, intoxicating 
liquors, ale or beer, shall have been sold in such room, or in a room 
adjoining thereto, with a door or passage-way between the two rooms. 
No intoxicating liquors, ale or beer shall be sold in such building in 
a city or such room or adjoining room elsewhere, after such designa¬ 
tion and before the general election next thereafter, or be allowed in 
any room in which an election is held during the day of the election 
or the canvass of the votes. Any person or persons violating the 
provisions of this section shall be deemed guilty of a misdemeanor. 
If any place so designated shall thereafter and before the close of the 
election be destroyed, or for any reason become unfit for use, or can 
not for any reason be used for such purpose, the officers charged 
with the designation of a place for such election shall forthwith 
designate some other suitable place for holding such election. Not 
more than one polling place shall be in the same room, and not 
more than two polling places shall be in the same building. The 
officers authorized to designate such places in any town or city, shall 
provide for each polling place at such election, the necessary ballot 
and other boxes, guard rails, voting booths and supplies therein, and 
the other furniture of such polling place, necessary for the lawful 
conduct of each election thereat, shall preserve the same when not 
in use, and shall deliver all such ballot and other boxes for each 
polling place, with the keys thereof, to the inspectors of election of 
each election district at least one-half hour before the opening of the 
polls at each election. The officers authorized to designate the 
registration and polling places in any city, except The City of New 
York, shall cause to be published in two newspapers within such 
city a list of such places so designated, and the boundaries of each 
election district in which such registration and polling place is 
located. Such publication shall be made in the newspapers so 
selected upon each day of registration and the day of election, and on 
the day prior to each such days. One of such newspapers so selected 
shall be one which advocates the principles of the political partv 
polling the highest number of votes in the state at the last preceding 
election for governor, and the other newspaper so designated shall be 
one which advocates the principles of the political party polling the 
next highest number of votes for governor at said election. The 


Election Code. 


9 


police board of The City of New York shall cause to be published in 
two newspapers in each county wholly or partly within such city a 
list of the registration and polling places so designated in each 
borough in such respective counties and the boundaries of each 
election district therein in which such registration and polling place 
is located, except that in the borough of Brooklyn such publication 
shall be made in the newspapers designated to publish corporation 

notices therein. Such publication shall be made in such newspapers 
upon each day of registration and the day of election and the day 
prior to each of such days. Such publication shall be made in the 
newspapers published in such counties which shall respectively ad¬ 
vocate the principles of the political parties which at the last preced¬ 
ing election for governor respectively cast the largest and next 
largest number of votes in the state for such office. The said police 
board shall also cause to be published in the City Record on or 
before the first day of registration in each year a complete list of all 
the registration and polling places so designated and the boundaries 
of the election districts in which such places are located arranged in 
numerical order under the designation of the respective boroughs in 
which they are located. In selecting the newspapers in which such 
publications are to be made the said board shall keep in view the 
obj'ect of giving the widest publicity thereto. 

§ 11. Election officers; designation, number and qualifica¬ 
tions.—There shall be in every election district of this state the 
following election officers, namely, four inspectors, two poll clerks 

and two ballot clerks, whose term of office shall be for one year 
from the date of their appointment or election, and who shall serve 
at every general, special or other election held within their dis¬ 
tricts during such term. No person shall be appointed or elected 
an inspector of election, poll clerk or ballot clerk who is not a 
qualified elector of the city, or of the election district of the town 
in which he is to serve, of good character, able to speak and read 
the English language understandingly, and to write it legibly, or 
who is a candidate for an office to be voted for by the electors of 
the district in which he is to serve, other than that of inspector of 
election; or, who has been convicted of a felony and not 
restored to citizenship, or who holds any public office except 
notary public or commissioner of deeds, town or village assessor, 
justice of the peace, village trustee, water commissioner, officer 
of a school district, overseer of highways, whether elected or 
appointed, or who is employed in any public office or by any public 
officer whose services are paid for out of the public moneys other 
than is excepted herein. Each class of such officers shall be 
equally divided between the two political parties, which, at the last 
preceding election for governor, polled the highest and next highest 
number of votes for such office in the state. 

Am’d ch. 410, 1897. In effect, May 10, 1897. 

Where, under the provisions of chapter 7 of 1891, two inspectors of election 
where elected, and one appointed in one of the election districts of the city of 

2 


10 


Election Code. 


Rochester, at the charter election in March, 1892, and at their first meeting in 
October of the same year, they appointed a poll clerk of this district to serve 
and who did serve as such, at the general election held in the following 
November, the poll clerk in question was held to have been duly appointed under 
this section and section 14 of the Public Officers Law. Howe v. The City of 
Rochester, 86 Hun, 3. 

§ 12. Appointment and qualifications of election officers in 
cities. —On or before tbe first day of October in each year, the 
police board of The City of New York and the mayor of each other 
city, shall select and appoint the election officers for each election 
district in their respective cities; and shall severally have the power 
to fill all vacancies which may arise before the opening of the polls 
on election day. To insure the bipartisan character of such board 
or body of election officers required by the election law, each politi¬ 
cal party entitled to representation in such board or body shall 
have the right, not later than the first day of August in each year, 
to prepare and file with the board or officer empowered to make 
the appointments as herein provided, a list of persons, members of 
such party, duly qualified to serve as election officers, together with 
a supplemental list of persons, members of such party, duly quali¬ 
fied to serve as election officers, from which the said mayor or board 
may select and appoint persons to fill vacancies occurring in the 
representation of such party in such board or body of election 
officers. In The City of New York such list shall be authenticated 
and filed by the chairman of the executive committee of the county- 
committee of the party in the respective counties wholly or partly 
within such city, as constituted by the Greater New York charter; 
in other cities, bv the chairman and secretary of the general, city 
or county committee of such party, if there be such a committee, 
or, if not, then by the corresponding officers (by whatever name 
known) of any committee performing the usual functions of a 
city or county committee; provided, however, that if in any city 
more than one such list be submitted in the name or on behalf of 
the same political party, only that list shall be accepted which is 
authenticated by the proper officer or officers of the faction or 
section of such party, which was recognized as regular b}" the last 
preceding state convention of such party; or, where no such con¬ 
vention has been held within the year, by the proper officer of the 
faction or section of said party which, at the time of the filing of 
said list, is recognized as regular by the state committee of such 
party, which was organized by or pursuant to the direction of 
the last preceding state convention of such party. All persons 
so proposed for appointment may be examined as to their quali- 


Election Code. 


11 


fications by or under the direction of the board or officer charged 
with the duty of making the appointment; and if found duly 
qualified they shall be appointed to the respective positions for 
which they were recommended. If any of them are found dis¬ 
qualified, notice in writing of that fact shall be promptly given to 
the person or persons by whom the list embracing their names 
was authenticated, and the vacancy shall be filled by the appoint¬ 
ment of a qualified person named in the supplemental list of party 
representatives heretofore provided for. If either party entitled 
to propose election officers, as herein provided, shall fail to authen¬ 
ticate and file such lists on or before the first day of August, or 
if any of the persons named therein shall be found disqualified, 
and if no supplemental list be filed, as herein provided, or if, one 
or more persons named in such supplemental list be found dis¬ 
qualified, then such board or officer shall, if necessary, proceed to 
select in such manner as may seem to them or him feasible from 
the members of the party or parties in default, or whose nominees 
have been found disqualified, and shall appoint suitable persons 
to act as election officers. In The City of New York the members 
of the board charged with the duty of appointing election officers, 
who represent the same political party, shall have the exclusive 
right and be charged with the exclusive duty of selecting from 
the lists submitted, or in lieu of persons named on such lists who 
shall have been found disqualified, the members of such party 
who are to be appointed as election officers. Every person 
appointed as an election officer shall, within five days after notice 
of his appointment, take and subscribe the constitutional and 
statutory oaths of office, which shall be administered, if in The 
City of New York, by the superintendent of elections or by the 
chief of the branch bureau of elections in the borough in which 
they are appointed to serve, or the chief clerk, or assistant clerk 
of such bureau designated by the police board to perform such 
duty; and if in any other city, by the mayor thereof, or by any 
person or persons designated by him for that purpose; and all of 
said officers, and every clerk or person so designated by them or 
him for that purpose, shall be and is hereby authorized and em¬ 
powered to administer such oaths. Every person so sworn as an 
election officer shall receive a certificate of appointment and 
qualification, signed by the person who administered the oath, in 
such form as may be approved by the board or officer by which 
or whom he was appointed, and specifying the capacity and the 
election district in which he is to serve, and the date of the 
expiration of his term of office. Any election officer so appointed 


12 


Election Code. 


may be removed for cause, by the board or mayor making the 
appointment, in which case such removal, unless made while 
such officer is actually on duty on the day of registration, re¬ 
vision of registration or election, and for improper conduct as 
an election officer, shall only be made after notice in writing to 
the officer to be removed, which notice shall set forth clearly and 
distinctly the reason for his removal. The said board of police 
may delegate to the superintendent of elections of The. City of 
New York, and to the chief of a branch bureau of elections, the 
power to remove election officers for cause, on any dav of registra¬ 
tion or election. Any election officer who shall at any time be 
appointed to fill a vacancy, which fact shall be stated in the certifi¬ 
cate of appointment, shall hold office only during the unexpired 
term of his predecessor, and provided that no election officer‘shall 
be transferred from one election district to another after he has 
entered upon the performance of his duties. The chairman of each 
board of inspectors of each election district shall, within twenty- 
four hours after any election, furnish to the mayor or board appoint¬ 
ing such officers, if required so to do by such mayor or board, under 
his hand, a certificate stating the number of days of actual service 
of each member of such board, the names of the persons who served 
as poll clerks and ballot clerks on election day, and the number of 
days during which the store or building hired for registration and 
election purposes was actually used for such purposes. Any person 
acting as such chairman, who shall willfully make a false cer¬ 
tificate, shall be deemed guilty of a misdemeanor. Every person 
appointed as an election officer, failing to take and subscribe the 
oath of office as hereinbefore provided, or who shall willfully 
neglect or refuse to discharge the duties to which he was appointed, 
shall,'in addition to the other penalties prescribed by law, be liable 
to a fine of one hundred dollars, to be sued for and recovered by 
the mayor or board making the appointment in a court of record, 
for the use and benefit of the treasury of such city. Any election 
officer who, being removed for cause, shall fail upon demand to 
deliver over to his successor the register of electors, or any tally 
sheets, book, paper, memorandum or document relating to the 
election in his possession, so far as he has made it, shall be liable 
to a like penalty to be recovered in a like manner for the benefit 
of such city. All persons appointed and serving as election officers 
on each of the davs of registration and of election and of canvass of 
the votes in cities of the first class shall be exempt from jury duty 
for one year from the date of the general election at which they 
serve. 


Election Code. 


13 


Inspectors of election and poll clerks, in the city of New York, are to 
be selected from the two great political parties of the State, without 
regard to differences of opinion in the choice of local offices, or the fact 
that one of the divisions of a party refuses to support a particular candi¬ 
date on the State ticket. People v. Wheeler, 18 Hun, 540. 

The failure of the board of police commissioners in the city of New 
York to make an appointment of inspectors of elections, within the time 
prescribed by chap. 490 of 1887, does not deprive the board of the power 
to make it thereafter in the absence of a prohibition in the statute. People 
ex rel. McMackin v. Board, etc., 40 Hun, 290. 

It is sufficient to constitute inspectors officers de facto if they come 
into office by color of title. People v. Cook, 14 Barb. 259. Their omission 
to take the oath of office will not invalidate the election. Id.; 8 N. Y. 07. 
Neither does an irregular administration of the oath. Id. 

An inspector who becomes a candidate for office, vacates his office 
of inspector. People v. McManus, 34 Barb. 020 ; 22 How. 25. 

The provisions of the revised charter of Buffalo (chap. 105 of 1891), 
relating to the inspectors of election in that city, are not repealed, im¬ 
paired or affected by chap. 7 of 1891, or chap. G80 of 1S92, but still remain 
in full force. People ex rel. Emerson v. Board, etc., 47 N. Y. State Repr. 
451; 05 Hun, 300. 

These provisions are capable of enforcement by mandamus against the 
board of aldermen as the successors of the common council which failed 
to comply therewith, by declaring the relator elected as one of the in¬ 
spectors. Id. 

By section 12 of the Election Law 7 of 1892, it w 7 as nrovided, in effect, 
that wdiere the inspectors w’ere appointed by the common council, the 
same authority should appoint the poll and ballot clerks; but w r here in¬ 
spectors w 7 ere elected, they should appoint the clerks. Howe v. City of 
Rochester (Sup. Ct., 5 D., 1895), 86 Hun, 3. The inspectors of elections 
in the city of Rochester, elected in March, 1S92, under the act of 1891, 
■were authorized to appoint the poll clerks at the general election in 
November, 1892. Id. 

§ 13. Election officers in towns.—Inspectors of election in towns 
shall be elected and appointed as provided by the town law. At the 
first meeting of the inspectors of election in every district in which the 
law provides for the election of inspectors, the inspectors elected shall 
appoint one of the poll clerks and one of the ballot clerks, and the 
inspectors appointed shall appoint the other poll clerk and ballot clerk. 
Such appointments shall be in writing, signed by the inspectors mak¬ 
ing the appointments respectively, and shall be filed by them with the 
town clerk of the town in which such election distnct is situated, 
and a copy thereof with the post-office address of each person so ap¬ 
pointed shall be mailed to the clerk of the county. The poll clerks 


14 


Election Code. 


and ballot clerks so appointed shall hold their office during the term 
of office of the inspectors appointing them, except as hereafter pro¬ 
vided. The persons so appointed as poll clerks and ballot clerks 
shall be voters in the district in which they are appointed to serve, 
and shall possess the qualifications required of such officers by section 
eleven of this act If at any time of any election at which poll clerks 
and ballot clerks are required to be present at the polling place in any 
election district, the office of a poll clerk or of a ballot clerk of such 
district shall be vacant, or a poll clerk or ballot clerk shall be absent, 
the inspectors of election in such district shall forthwith appoint a 
person to fill such vacancy. Such person so appointed shall, before 
he acts as such poll clerk or ballot clerk, take the constitutional and 
statutory oaths of offica 

§ 14. Organization of boards of inspectors ; supplying vacan¬ 
cies and absences. — Before otherwise entering upon their duties, 
the inspectors of each district shall meet and appoint one of 
their number chairman; or, if a majority shall not agree upon 
such appointment, they shall draw lots for that position. If at 
the time of any meeting of the inspectors there shall be a 
vacancy in the office of any inspector, or if any inspectors shall 
be absent from any such meeting, the inspector or inspectors 
present shall appoint a qualified elector of the district, who shall 
be a member of the same political party as the absent inspector, 
to act until such absent inspector, or his successor duly appointed 
under the provisions of section tw r elve, shall appear, and such 
person, if so serving temporarily, shall serve without pay. If, 
at any such time, the offices of all inspectors are vacant, or no 
inspector shall appear within one hour after the time fixed by 
law r for the opening of such meeting, the qualified voters of the 
district present, not less than ten, may designate four qualified 
electors of the district belonging to the political parties - as 
specified in section eleven, to fill such vacancies, or to act in 
the place of such inspectors respectively, until the absent in¬ 
spectors respectively appear. If at any time there shall be a 
vacancy in the office of any poll clerk or ballot clerk, or if any 
poll clerk or ballot clerk shall be absent from such meeting, 
the inspector or inspectors present shall appoint a qualified 
elector of the district, wdio shall be a member of the same politi¬ 
cal party as the absent poll clerk or ballot clerk to fill such 
vacancy. Every person so appointed or designated to act as an 
inspector, poll clerk or ballot clerk shall take the constitutional 
and statutory oaths as prescribed by the election law 7 . 


Election Code. 


15 


§ 15. Preservation of order by inspectors.— All meetings of 
the board of inspectors shall be public. Such board and each 
individual member thereof shall have full authority to preserve 
peace and good order at such meetings, and around the polls 
of elections, and to keep the access thereto unobstructed, and to 
enforce obedience to their lawful commands. The said board 
may appoint one or more electors to communicate their orders 
and directions, and to assist in the performance of their duties 
in this section enjoined. If any person shall refuse to obey 
the lawful commands of the inspectors, or by disorderly conduct 
in their presence or hearing shall interrupt or disturb their 
proceedings, they shall make an order directing the sheriff or 
any constable of the county, or any peace or police officer to 
take the person so offending into custody, and retain him until 
the registration of electors, or the canvass of the votes shall 
be completed, but such order shall not prohibit the person taken 
into custody from voting. Such order shall be executed by any 
sheriff, constable, peace or police officer, to whom the same 
shall be delivered. But if none shall be present, then by any 
other person deputed by such board in writing. The said board 
or any member thereof, may order the arrest of any person other 
than an election officer violating or attempting to violate, any 
of the provisions of this election law. 

The inspectors of election have a right to keep order while the vote is 
being canvassed. Horton v. Whistler, 4 N. Y. State Repr. 810. But, under 
pretense of keeping order, they have no right to turn out a peaceable and 
quiet citizen whose presence does not interfere with the discharge of their 
duty. Id. 

§ 16. Ballot boxes. — There shall be but one ballot box at 
each polling place for receiving all ballots cast for candidates 
for office, which box shall be conspicuously marked “ Box for 
general ballots.” There shall also be a ballot box for the 
reception of ballots found to be defective in printing, or muti¬ 
lated before delivery to electors, and for ballots spoiled and 
returned by electors, which box shall be conspicuously marked 
“ Box for spoiled and mutilated ballots.” There shall also be 
a box for detached ballot stubs, which box shall be conspicu¬ 
ously marked, “Box for detached ballot stubs.” If proposed 
constitutional amendments, or other propositions or questions 
may lawfully be voted upon thereat, there shall be a separate 
ballot box at each polling place for the reception of ballots upon 


16 


Election Code. 


such amendments or propositions, or questions, which box shall 
be marked conspicuously, “ Box for questions submitted.” Each 
box used for the reception of voted ballots shall be provided 
with a sufficient lock and key, and with an opening in the top 
thereof large enough, and not larger than may be necessary to 
allow a single folded ballot to be easily passed through such 
opening into the box. Each box shall be large enough to prop¬ 
erly receive and hold all ballots which may lawfully be deposited 
therein at any election. 

§ 17. Voting booths and guard rails.— There shall be in each 
polling place during each election a sufficient number of voting 
booths, not less than one for every seventy-five registered electors 
in the district. Each such booth shall be at least three feet 
square, shall have four sides enclosed, each at least six feet high, 
and the one in front shall open and shut as a door swinging out¬ 
ward, and shall extend within two feet of the floor. Each such 
booth shall contain a shelf which shall be at least one foot wide, 
extending across one side of the booth at a convenient height for 
writing, and shall be furnished with such supplies and conveni¬ 
ences including pencils having black lead only, as will enable 
the electors to conveniently prepare their ballots for voting. 
Each booth shall be kept clearly lighted while the polls are open 
by artificial lights if necessary. A guard rail shall be placed at 
each polling place at least six feet from the ballot boxes and the 
booths, and no ballot box or booth shall be placed within six 
feet of such rail. Each guard rail shall be provided with a place 
for entrance and exit. The arrangement of the polling place 
shall be such that the booths can only be reached by passing 
within the guard rail, and that the booths, ballot boxes, election 
officers and every part of the polling place except the inside of 
the booths, shall be in plain view of the election officers and the 
persons just outside the guard rail. Such booths shall be so 
arranged that there shall be no access to intending voters or to 
the booths through any door, window, or opening, except by the 
door in front of said booth. 

§ 18. Payment of election expenses.—The expense of provid¬ 
ing polling places, voting booths, supplies therefor, guard rails and 
other furniture of the polling place, and distance markers, and the 
compensation of the election officers in each election district, shall be 
a charge upon the town or city in which such election district is situ¬ 
ated except that such expenses incurred for the purpose of conduct¬ 
ing a village election, not held at the same time as a general election, 


Election Code. 


17 


shall be a charge upon the village. The expense of printing and 
delivering the official ballots, sample ballots and cards of instruction, 
poll books, tally sheets, return sheets for inspectors and ballot clerks, 
and distance markers to be used at a town meeting, city or village 
elections not held at the same time as a general election, and of print¬ 
ing the list of nominations therefor shall be a charge upon the town ? 
city or village in which the election is held. The expense of print¬ 
ing and delivering the official ballots, sample ballots and cards of in¬ 
struction, poll books, tally sheets, return sheets for inspectors and 
ballot clerks, and distance markers to be used in any county, except 
such counties or portions thereof as are included within The City of 
New York, at any other election, if no town meeting, city or village 
election be held at the same time therewith, and of printing the lists 
of nominations therefor, shall be a charge upon such county. The 
expense of printing and delivering the official ballots, sample ballots 
and cards of instruction, poll books, tally sheets, return sheets for in¬ 
spectors and ballot clerks and distance markers, to be used in any 
such county at any such other election, and of printing the lists of 
nominations therefor, if the town meeting, city or village election be 
held in such county at the same time therewith, shall be apportioned 
by the county clerk between such town, city or village and such 
county, in the proportion of the number of candidates for town, city 
or village officers on such ballots, respectively, to the whole number 
of candidates thereon, and the amount of such expense so apportioned 
to each such municipality shall be a charge thereon. All expenses 
relating to or connected with elections lawfully incurred by the police 
board of The City of New York shall be a charge on such city, and 
after being audited by the proper officer, shall be paid by the comp¬ 
troller of said city upon the certificate of such board. The county 
clerk of each county, not salaried, shall be paid by such county a 
reasonable compensation for his services in carrying out the provis¬ 
ions of this chapter, to be fixed by the board of supervisors ot the 
county, or the board acting as such board of supervisors. The town 
clerk of each town shall be paid by such town a reasonable compen¬ 
sation for his services in carrying out the provisions of this chapter, 

to be fixed bv the other members of the town board of the town. 
%/ 

Ballot clerks, and persons acting as such, shall receive the same com¬ 
pensation for their attendance at an election, as inspectors of elec¬ 
tion for the election, and be paid in like manner. Poll clerks shall 
receive the same compensation for their attendance at an election 
and canvass of the votes as inspectors of election and shall be paid 
in like manner. An inspector of election, except in The City of New 
3 


18 


Election Code. 


York, lawfully required to file papers in the county clerk’s office, 
shall, unless he resides in the city or town in which such office is 
situated, be entitled to receive as compensation therefor five dollars, 
and also four cents a mile for every mile actually and necessarily 
traveled between his residence and such county clerk’s office in going 
to and returning from such office. In cities of the first class, the 
persons appointed and serving as inspectors of election shall receive 
five dollars for the hours fixed by law for each day of registration, 
and of revision of registration for a special election, and five dollars 
for the hours fixed by law for the election, and five dollars for the 
canvass and return of the votes. The poll clerks in such city shall 
each receive the same compensation as inspectors for the election and 
for the canvass of the votes, and the ballot clerks shall receive five 
dollars each. Such officers shall be paid by the comptrollers of the 
respective cities upon the certificate of the board appointing them, 

§ 19. Delivery of election laws to clerks, boards and election 
officers.—The secretary of state shall at least sixty days before each 
general election held after this act takes effect cause to be prepared a 
compilation of all the laws relating to elections in cities, towns, and 
villages then in force with annotations and explanatory notes and 
blank forms, properly indexed, and shall procure the same to be 
printed wherever he deems it desirable for the best interests of the 
state, and transmit to the county clerk of each county, except New 
York, Kings and Kichmond counties, and to the superintendent of 
elections located in the borough of Manhattan and to the chief of the 
branch bureau of elections in each other borough of The City of 
New York a sufficient number of copies thereof, to furnish one such 
copy to the county clerk and to said superintendent and to each of 
said chiefs of bureaus of elections and one to each town, village 
and city clerk and to each election officer in such county and said 
boroughs, together with such number of extra copies as may in his 

judgment be necessary to replace lost or mutilated copies before de¬ 
livery thereof to election officers. The county clerk of each county, 
except those counties the whole of which are included within The 
City of New York, shall forthwith transmit one of such copies to 
each of such officers in such county, and not in The City of New 
York, and said superintendent and the chief of each branch bureau 
of elections of the boroughs of The City of New York shall forthwith 
transmit one of such copies to each such officer in his borough. 
Each copy so received by each such officer shall belong to the office 
of the person receiving it. Every incumbent of the office shall pre¬ 
serve such copy during his term of office, and upon the expiration of 
his term or removal from office deliver it to his successor. 


Election Code. 


19. 


ARTICLE II. 


Registration of Electors. 


Section 30. 

31. 

32. 

33. 

34. 

35. 

36. 


Meetings for registration. 

Adding and erasing names on register. 

Forms for registration. 

Method of registration. 

General provisions. 

Certification and custody of register. 

Delivery of blank books for registration, certificates 
and instructions. 


§ 30. Meetings for registration.—Before every general election, 
the board of inspectors for each election district in every city, and 
in villages having five thousand inhabitants or more, shall hold four 
meetings for the enrollment of the voters thereof, at the place desig¬ 
nated therefor, on the fourth Friday, fourth Saturday and the third 
Friday and third Saturday before such election, to be known re¬ 
spectively as the first, second, third and fourth meetings for registra¬ 
tion. Each meeting, if in cities of the first class, shall begin at seven 
o’clock, if elsewhere, at eight o’clock in the forenoon, and continue, 
if in cities of the first class, until ten o’clock, if elsewhere, until nine 
o’clock in the evening. In all election districts other than in cities 
or villages having five thousand inhabitants or more, the board of 
inspectors of election for each such election district shall hold two 
meetings for the registration of electors thereof, at the places desig¬ 
nated therefor, before each general election, namely, on the fourth 
and third Saturday before the election, to be known respectively as 
the first and second meetings for registration, which meetings shall 
begin at nine o’clock in the forenoon and continue until nine 
o’clock in the evening. The board of inspectors of election shall 
also, if ordered so to do by the supreme court, or a justice thereof, 
or a county judge, as provided in section thirty-one of the election 
law, meet on the second Saturday before each general election for 
the purpose of correcting the registers by adding to or striking off 
the name of any person as directed by such order. It shall be the 
duty of each inspector of election to make a note on the registers 
opposite the name of each person so enrolled, or so stricken off, of 
the date of such order, and the court, justice or judge issuing the 
same. If any special or other election other than a general election 
shall be ordered or held in any city or village, the inspectors of elec¬ 
tion of the various election districts in which such special or other 


20 


Election Code. 


election is to be held, shall meet in their respective districts at the 
place designated therefor, on the second Saturday preceding such 
election, from eight o’clock in the forenoon to ten o’clock in the even¬ 
ing for the purpose of revising and correcting the register of electors 
as hereinafter provided. No inspector shall on any day for registra¬ 
tion be absent during the hours fixed for enrolling the names of 
electors. 

Unless a registry law takes away or unreasonably restricts the right 
of suffrage, it is constitutional. People v. Wilson, 3 Hun, 437. But see 
62 N. Y. 186. That the right of suffrage may be lost, not by any act of the 
elector, but by the acts and omissions of the officers appointed to prepare 
the registry, does not affect the question. Id. 

Duly qualified voters who have applied to the board of inspectors in 
an election district in the city of New York, and are waiting at the hour 
of nine o’clock in the evening, are entitled to be registered, notwithstand¬ 
ing the hour is meanwhile passed. People ex rel. Cass v. Hosmer, 2 How. 
(N. S.) 472. 

§ 31. Adding and erasing names on register. —If the board 

of inspectors at any meeting for the registration of electors shall 
have neglected or refused to place upon the register of electors 
the name of any person who is entitled to have his name placed 
thereon, application may be made to the supreme court, or any 
justice thereof in the judicial district in which such election 
district is located, or of a county adjoining such judicial district, 
or to a county judge of the county in which such election district 
is located, on a day at least two days prior to the second Satur¬ 
day before any election, for an order to place such name upon the 
register of electors; and such court, justice or judge may, upon 
sufficient, evidence, and upon such notice of not less than twenty- 
four hours to the board of inspectors, and such other persons 
interested of such application as the court, justice or judge may 
require, order such inspectors to convene as a board of regis¬ 
tration on the second Saturday before such election, and to add 
the name of such person to such register of electors, and such 
register shall be corrected accordingly; but no court, justice or 
judge shall order the name of any person to be added to the 
register of electors unless it shall have been omitted therefrom 
through the fault, error or negligence of the election officers. 
In case the name of any person who will not be qualified to vote 
in such election district, at the election for which such regis¬ 
tration is made, shall appear upon such register, application 
may be made in like manner by any elector of the town or city 
in which such election district is located to any court, justice or 


Election Code. 


21 


judge hereinbefore designated, for an order striking such name 
from the register, and such court, justice or judge may, upon 
sufficient evidence, and upon such notice of not less than twenty- 
four hours to the person interested of such application as the 
court, justice or judge may require, served either personally or 
by depositing the same in the post-office addressed to said person 
by his name, and at the address which appears in the register 
certified by the inspectors of election, proceed to convene the 
board of inspectors as provided herein for adding a name, and 
may order such board to strike such name from such register 
of electors, and such register shall be corrected accordingly. 

The inspectors have no right to reject the vote of an elector, on the 
ground that he is a deserter from the military service, except on produc¬ 
tion of a record of his conviction by a court-martial. Goetcheus v. Mat- 
thewson, 61 N. Y. 420. 

One who has been convicted of a felony, whilst a minor, and has served 
out his term of imprisonment before attaining his majority is disqualified 
from voting. Hamilton v. People, 57 Barb. 625. 

The provision of the State Constitution, declaring that every male 
citizen shall, in the cases therein mentioned, be entitled to vote, has the 
effect to exclude from the exercise of such right all persons not embraced 
wfitliin it. People v. Barber, 4S Hun, 19S. A female, not being a person 
embraced within the provision, is “ a person not duly qualified under the 
laws of this state,” within the meaning of the statute describing and pun¬ 
ishing the offense of illegal voting. Id. 

As to what constitutes such a residence on board of a lighter, moored 
alongside a pier, as renders the party a qualified voter, see Ex parte 
Collins, 64 Plow. 63. 

A party, applying for registration, should produce his naturalization 
papers, if he has them in his possession. Teople ex rel. Noel v. Smith, 
10 Misc. Rep. 100. If they can not be found, secondary evidence of their 
contents must be received. Id. 

It is not cssentiaL to the validity of a register of electors, under the registry act, 
that the board of registry use, in preparing the preliminary register, the poll-list 
of the next preceding general election. People ex rel. Frost v. Wilson, 62 N. 
Y., 186. The inspectors of election, acting as such board, are simply required to 
enter in the register the names of all persons appearing on that list whom they de¬ 
termine to be still residents' in tho district. Id In discharging this duty, they 
are authorized to take and use such poll-list. Id. But this is not compulsory, 
and their omission to do so is not a violation of the law. Id. The provisions as 
to the formal organization of the board of registry, and as to the certification of 
the registers, are directory merely, not jurisdictional. Id. The omission of the 
inspectors to observe them does not so invalidate their proceedings as to render 
all votes cast in the district illegal and void. Id. 

It an applicant to be registered makes the propel statement, and the oath or 
affirmation, his name must be added to the list of voters, and inspectors have no 
discretion or right to refuse to add it Matter of Sherwood v. State Board, etc., 
129 N. Y., 360. The law makes it their duty so to do. Yet, if a person who has 
been refused should apply to the court fora mandamus against the inspectors and 
it should there appear that he had no right to be registered, and was notin fact a 


22 


Election Code. 


qualified voter, the court would not compel the inspectors to register him, and 
thus place him in a position where he might cast an illegal vote. Id. 

Where a person, applying for registration, claims to be a citizen by virtue of 
the naturalization of his parent, secondary evidence thereof may be given, if, by 
reason of the loss of the certificate of naturalization, the primary evidence can not 
be adduced. People v. McNally, 59 How., 500 ; 9 Abb. N. C., 468. The elector 
is competent to supply the loss of the certificate by his own oath. Id. 

Where a person has been naturalized by a court of competent jurisdition, his 
right to citizenship can not be questioned by the election officers. People v. 
Walsh, 9 Abb. N. C., 465. 

The power of a county judge, or justice of the Supreme Court, under this 
section, to correct alleged errors in the matter of registration, is limited to cases 
where the board of inspectors refuses to strike from the list the name of a person 
not qualified to vote, or neglects or refuses to place thereon the name of a person 
entitled to register, but does not authorize such officer to strike from the list, on 
a summary application, the names of persons who have complied with all the 
statutory requirements to entitle them to registration. Matter of Ward, 48 State 
Rep’r, 618. 

If the inspectors register persons who refuse to take the oath required by law, 
or refuse to present themselves in person on the days required for personal regis¬ 
tration, or who fail to comply with other steps which the law requires and which 
the inspectors as ministerial officers plainly see have not been taken; or, if they 
refuse to register persons complying with the laws, or in any way undertake to 
exercise a judicial power which is not conferred upon inspectors of election ; the 
privilege conferred upon judicial officers to correct these errors by a special pro¬ 
ceeding of a summary character may be wisely exercised. Id. 

The inspectors of election have no judicial power to determine contested ques¬ 
tions of fact as to residence or any other matter which involves judicial discre¬ 
tion. Id.; People, ex rel. Stapleton, v. Bell, 119 N. Y. 175; 28 State Rep’r, 980. 

A judicial officer, who has power to revise a ministerial action of the board of 
inspectors, does not by this statute gain a power to do a thing which the board i 
of inspectors may not do. Matter of Ward, ante. His power is statutory and is 
limited to the correction of an error which would not have taken place but for 
the invalid action of the board of inspectors. Id. The statute does not seek to 
give other power, but expressly provides that the power of the judicial officer 
may be exercised only if the board refuses to strike from the list the name of the 
person not so qualified to vote, or neglects or refuses to place upon the list the 
namo of a person entitled to register. Id. A judge may not, by such a statu¬ 
tory power, strike a name from the list which the inspectors of election could not 
strike from the registry. Id. 

Students at a college or seminary, who have left and abandoned their former 
residences, and who have no other residence for the time than the college or 
seminary town, were held, in this case, not to be precluded by sec. 3, art. 3- of the 
State Constitution, from registering and voting in such town. 

The board of registration acts only ministerially in receiving and regis¬ 
tering the name of the voter and must, therefore, register all who conforn^in 
their application for registration to the formal requirements of the law. Matter 
of Hamilton, 80 Hun, 511; People ex rel. Stapleton v. Bell, 119 N. Y. 175. It 
must refuse registration to any who may fail in such confirmation. Id. It is 
only when the board fails in the discharge of such ministerial duty that the 
judge, under the provisions of the act, can compel by order the performance 
of such ministerial duty. Id. No power is conferred upon the jud^e under this 
section, upon a summary application, to determine, upon the facts and law 
the right of a citizen to register and vote without regard to the question of 
conformance on his part, or on the part of the board of registration with the 
formal requirement of the statute regulating the registration of voters. Id 

Under § 37 of the Election Law, as amended by chap. 275 of 1894, a judo-e 
at chambers has the right to strike from a registry list the name of a person 
who is not qualified as a voter in the election district, or who cannot become 
so qualified before the election Matter of Goodman, 146 N. Y. 284. But such 
provision does not, it seems, apply to a case of doubt, where there is a dispute 
about the facts, oi there is ground for differing inferences, but only where the 
5 facts show affirmatively that he is not, and cannot become, qualified. Id. 


Election Code. 


23 


An order to show cause why the name of a person should not be 
stricken from the registry list need not be served upon any one except 
such person, though the order provides for service upon others. Matter 
of Griffiths (County Court, 1806), 16 Misc. 128. 

§ 32. Forms for registration.— Subdivision 1. The board of 
inspectors of each election district in the state shall, at their 
meetings for registration for the general election in each year, 
make a quadruplicate register — one copy by each inspector — 
of the names and residences of those persons, and none other, 
who are or will be qualified to vote in such district at such 
election, which register, when finally completed, shall be the 
register of electors of the district for such election. Such regis¬ 
ter shall also be used at all other elections held in such district 

/ 

during the year succeeding the election for which it is made, 
except for town meetings and village elections for which no 
registration is required. In cities of the first class, the register 
shall be arranged in fifteen columns. In the first column of such 
register there shall be entered at the time of the completion of 
the registration on the last day for registration, a number 
opposite the name of each person so enrolled, beginning with 
“ 1 ” and continuing in numerical order. On each day of regis¬ 
tration there shall be entered in the second column thereof the 
surnames of such persons in the alphabetical order of the first 
letter thereof, and in the third column the Christian names of 
such persons respectively. In the fourth column shall be entered 
the residence number or other designation, and in the fifth col¬ 
umn the name of the street or avenue of such residence or a 
brief description of the locality thereof. In the sixth column 
shall be entered the number of the floor or room occupied by 
the elector at the residence given by him, in the seventh column 
shall be entered his age, in the eighth, ninth and tenth columns 
his length of residence in the state, county and election district, 
respectively; in the eleventh column shall be entered the fact, 
if he be a native citizen. In the twelfth column the fact, if he 
be a naturalized citizen; in the thirteenth column shall be en¬ 
tered the date of the registration of the elector. The fourteenth 
column shall be reserved for entering the consecutive number 
on the stub of the official ballot voted by the elector on election 
day. In the fifteenth column shall be entered, opposite the name 
of each elector, under the heading “ remarks,” the facts regard¬ 
ing challenges, oaths and other facts affecting such elector re¬ 
quired to be recorded. 


24 


Election Code. 


Subdivision 2. In all election districts other than in cities of 
the first class, the register shall be arranged in eight columns. 
In the first column of such register there shall be entered at the 
time of the completion of the registration on the last day thereof, 
a number opposite the name of each person so enrolled, com¬ 
mencing with “ 1 ” and continuing in numerical order. On each 
day of registration there shall be entered in the second column 
thereof the surnames of such persons in the alphabetical order 
of the first letter thereof, and in the third column the Christian 
names of such persons respectively. In the fourth column shall 
be entered the residence number or other designation, and in 
the fifth column the name of the street or avenue of such resi¬ 
dence, and a brief description of the locality thereof. In the 
sixth column shall be entered the date on which the elector was 
registered. The seventh column shall be reserved for entering 
the consecutive number on the stub of the official ballot voted 
by the elector on election day. In the eighth column shall be 
entered opposite the name of each elector, under the heading 
“ remarks,” the facts regarding challenges, oaths and other facts 
affecting such elector required to be recorded. 

Subdivision 3. In cities of the first and second classes, the board of inspectors 
of each election district shall, immediately after the close of the last day of regis¬ 
tration, make and complete one list of all persons enrolled in their respective 
districts, in the numerical order of the street numbers thereof which list shall be 
signed and certified by the board of inspectors. Such list shall be delivered by 
the chairman of the board of inspectors to the police captain of the precinct in 
which the election district is located, or an officer thereof, who shall forthwith de¬ 
liver the same, if in The City of New York, to the superintendent of elections as 
to each election district in the borough of Manhattan, and to the chief of the 
branch bureau of elections of each other borough in which the election district is 
located, and if in any other of the cities of the first or second class, to the city 
c'erk. The police board of The City of New York and the city clerks of other 
cities of the first or second class shall, as soon as possible after the delivery of such 
lists, and before the day of election, print in pamphlet form for each assembly 
district or ward within such respective cities not less than fifty times as many 
copies of said lists as there are election districts in such assembly district or ward, 
so that each assembly district or ward pamphlet shall contain the lists of the sev¬ 
eral election districts in such assembly district or ward. Upon the written appli¬ 
cation of the chairman of the executive committee of the couuty committee of any 
political party entitled to a separate column upon the official ballot to be voted in 
such city at the election for which the registration is made, the said police board 
and said city clerk shall respectively deliver to such chairman five copies of each 
assembly district or ward pamphlets for each election district within such assembly 
district or ward in such couuty. Two pamphlets containing the lists of the regis¬ 
tered persons in the election districts within his precinct shall be furnished to 
each police captain in such cities, and it shall be the duty of such police captains 
to cause an investigation of each name registered therein to be made and to report 
to his commanding officer any case of false registration found in his precinct. The 
remaining pamphlets so printed shall be distributed in the discretion of the said 
police board, and said city clerk, who shall have respectively the power to charge 
for each pamphlet a sum not exceeding ten cents a copy and any moueys resulting 
from the sale thereof shall be paid to the comptroller of the city for the benefit of 
the treasury of such city. Such lists shall be made and printed as near as may be 
in the following form, to wit: 


Election Code. 


25 


GRAND STREET. 


Residence number, 
or other designation. 


Name of voter. 


14. 

15. 


Smith, John M. 
Jones, Charles M 


§ 33. Method of registration.— Subdivision 1. In cities and in 
villages having five thousand inhabitants or more, the names of 
such persons only as personally appear before the inspectors, 
and who are or who will be at the election for which the regis¬ 
tration is made, qualified electors, shall be enrolled upon the 
register at a meeting for registration for a general election, ex¬ 
cept that whenever any election district in a village having five 
thousand inhabitants or more shall embrace within its bound¬ 
aries, territory without the limits of such village, the inspectors 
shall, at their first meeting for registration for a general elec¬ 
tion, place upon such register the names of all persons appearing 
on the register of the last preceding general election, who re¬ 
sided without the limits of such village, but within the election 
district, who voted at such last preceding general election, except 
the names of such electors who are proven to the satisfaction 
of such inspectors to have ceased to be electors since such gen¬ 
eral election, or have moved within the limits of such village. 
They shall also place upon such register, at their first and sub¬ 
sequent meetings, the names of all other persons known or 
proven to their satisfaction, who are or will be entitled to vote 
at the* election, who reside within such election district, but with¬ 
out the limits of such city or village. 

Subdivision 2. In cities of the first class the board of inspectors 
shall issue to every person enrolled upon the register, a cer¬ 
tificate in which shall be written the name and address given 
by such person, and the date of such entry upon the register. 
Such certificate shall be retained by the person to whom it is 
issued as evidence of the fact that such name and address were 
entered upon the register. 

Subdivision 3. At the first meeting for registration in all 
election districts where only two meetings for the enrollment 
of electors are held for any general election, as provided in 
section thirty of the election law, the inspectors shall at such 
first meeting, place upon the register the names of all persons 
who voted at the last preceding general election, as shown by 
the register or poll book of such election, except the names of 
such electors as are proven to the satisfaction of such inspectors 


4 


26 


Election Code. 


to have ceased to be electors in such district since such general 
election, and also at said first meeting and at the second meeting, 
they shall place on the register the names of all persons known 
or proven to the satisfaction of the inspectors who are, or will 
be, entitled to vote at the election for which such registration 
is made. 

Subdivision 4. At the meeting of the board of inspectors in a 
city or village having five thousand inhabitants or more, for 
revising and correcting the register for any election other than a 
general election, the inspectors shall retain upon the register of 
their respective districts, the names of all persons qualified to 
vote at such election in such district, which appear upon the 
register of electors for the last preceding general election in 
such election district, except the names of such electors as are 
proven to the satisfaction of the inspectors to have ceased to 
be electors of such district since their names were placed upon 
such register, and shall, at such meeting, add only to sucli 
register the names of the persons qualified as electors, who shall 
personally appear before the board. If, however, such elector 
resides within such election district, but without the limits of 
such village, his name shall be placed upon such register, if it 
is shown to the satisfaction of such board that he is entitled to 
vote therein. In cities of the first class any elector who was 
enrolled upon the register in an election district of such city at 
the last preceding general election, and who since that time 
shall have removed into another election district in the same 
city, and who is otherwise qualified to vote at such special elec¬ 
tion, shall, upon demand, receive from the board of inspectors 
of the district in which his name was enrolled for such last pre¬ 
ceding general election, a certificate duly signed by the said 
board of the fact that his name was upon such register, and has 
been erased therefrom because of such removal, and his name 
shall thereupon be erased from such register. Upon presenta¬ 
tion of such certificate by the elector to the board of inspectors 
of the election district in which he resides, his name shall be 
placed upon the register for such district. The inspectors must 
note upon the register opposite the name of such elector, the 
fact of such certificate of removal, specifying the election dis¬ 
trict from which he has removed. They shall carefully attach 
such certificate to the register. No elector shall cause his name 
to be placed upon the register of an election district for any 


Election Code. 


27 


election other than a general election, while his name shall ap¬ 
pear upon the register of another district to be used at such 
election. Any person who shall violate this provision is guilty 
of a felony; and upon conviction shall be punished by imprison¬ 
ment in a state prison for not less than two or more than five 
years. In all election districts other than in cities or in villages 
of five thousand inhabitants or more, the board of inspectors in 
preparing for an election other than a general election shall add 
to the register for the last preceding general election, the names 
of such electors as they know are or are satisfied by proof will 
be, on the daj^ of such election, entitled to vote thereat, and 
shall strike therefrom the names of all persons whom they know 
or are satisfied by proof have ceased to be qualified electors of 
such election district. No registration of electors shall be re¬ 
quired for town or village elections. 

§ 34. General provisions. — Subdivision 1 . — Qualification of 
elector. — A person is a qualified elector in any election district 
for the purpose of having his name placed on the register if he 
is or will be, on the day of the election, qualified to vote at the 
election for which such registration is made. A qualified elector 
is a male citizen who is or will be on the day of election twenty- 
one years of age, who has been an inhabitant of the state for 
one year next preceding the election, and for the last four 
months a resident of the county, and for the last thirty days a 
resident of the election district in which he may offer his vote. 
If a naturalized citizen, he must, in addition to the foregoing 
provisions, have been naturalized at least ninety days prior to 
the dav of election. 

Subdivision 2. For the purpose of registering and voting no 
person shall be deemed to have gained or lost a residence, by 
reason of his presence or absence while employed in the service 
of the United States, nor while engaged in the navigation of the 
waters of this state, or of the United States, or of the high seas; 
nor while a student of any seminary of learning; nor while kept 
at any almshouse or other asylum, or institution wholly or 
partly supported at public expense, or by charity; nor while 
confined in any public prison. Any person claiming to belong 
to any class of persons mentioned and referred to in this subdi¬ 
vision shall file with the board of inspectors at the time of regis¬ 
tration a written statement showing where he is actually domi¬ 
ciled, his business or occupation, his business address, and to 


28 


Election Code. 


which class he claims to belong. Such statement shall be 
attached to the register, and be open for public inspection, 
and the fact thereof shall be noted in the register opposite the 
name of the person so enrolled. 

A person who, residing in one election district of a city, removes to, 
takes and occupies a room in a seminary of learning in another district, 
as a student and not permanently as a residence, neither loses his resi¬ 
dence nor gains a new residence in the seminary district by the removal, 
and is lawfully entitled to vote in the former, not the latter, district. 
Matter of Goodman, 14G N. Y. 284. A voter may change his legal resi¬ 
dence into a new district in spite of the fact that he becomes a student 
in an institution of learning therein. Id. But his occupation of rooms 
in the institution is presumably only for the prescribed period of study. Id. 
Such occupation is, therefore, no evidence of a change of residence. 
Id. The facts to establish the change must be wholly independent of his 
presence in the new district as a student, and should be, it seems, clear 
and convincing to overcome the natural presumption. Id. A verified 
statement of the voter of a mental intention to change his residence, 
unless fortified by consistent acts, is not, it seems, sufficient to rebut such 
presumption. Id. 

An inmate of an institution supported wholly or partly by charity, 
who had gained a legal vote and residence in the district prior to the 
taking effect of the Constitution of 1894, is not deprived of the right to vote 
by the provisions of section 3, article 2 of said Constitution. Matter of 
Griffiths (County Court, 1896), 16 Misc. 12S. 

Under the provisions of section 3, article 2 of the State Constitution, 
to entitle a student, whose local residence has been previously in another 
district, to vote in the election district in which the seminary he attends 
is situated, it is essential that the intent to change his legal residence be 
manifested by acts which are independent of his presence as a student 
in the new locality. Matter of Garvey, 147 N. Y. 117; rev’g 84 Hun, 611. 
The rule requiring proof of change of local residence by acts independent 
of the presence of the student in the seminary, was held, in the case last 
cited, to be controlling in the determination of the right to registration, in 
the election district in which the seminary is situated, of certain students 
of the general Theological Seminary of the Episcopal Church in New 
York city, living in one of the seminary buildings. Id. 

The Home for Aged Men, in the town of Colonie, county of Albany, 
is an institution started wholly or partly by charity, within the meaning 
of section 3, article 2 of the Constitution, as amended in 1895. Matter of 
Batterman (Sup. CL, Chambers, 1895), 14 Misc. 213. Such amendment 
is not retroactive and does not deprive an inmate of such institution, 
who gained a residence and voted in the district prior to January 1, 1895, 
of his right to vote therein. Id. 


Election Code. 


29 


Subdivision 3. Illiterate and disabled electors. — If, at any 

meeting for the registration of electors, any person entitled to 
be registered and of whom personal registration is required, 
shall declare to the board of inspectors at the time he applies 
for registration, that he is unable to write by reason of illiteracy, 
or that he will be unable to prepare his ballot without assistance 
by reason of blindness, or of such degree of blindness as will 
prevent him, with the aid of glasses, from seeing the names 
printed upon the official ballot, loss of both hands, or such total 
inability of both hands that he cannot use either hand for ordi¬ 
nary purposes, or that he will be unable to enter the voting booth 
without assistance by reason of disease or crippled condition, 
the nature of which he must specify, it shall be the duty of the 
said board of inspectors to administer an oath to> such person 
in the following language, namely: “You do solemnly swear 
(or affirm) that you will be unable to prepare your ballot with¬ 
out assistance, because,” and after the word “ because,” con¬ 
tinuing with a statement of the specific disease or crippled con¬ 
dition assigned by the person as the cause of his alleged disa¬ 
bility, and the said inspectors and each of them shall make a note 
upon the register of each instance in which such oath is admin¬ 
istered, and of the cause or reason so assigned. 

Subdivision 4. If any elector after being enrolled, shall change 
his place of residence within the same election district, he may 
appear before the board of inspectors of such district on any 
day of registration, or on the day of election, and state under 
oath that he has so changed his residence, and the board of in¬ 
spectors shall thereupon make the proper correction upon the 
register of such district. 

Subdivision 5. No part of a day fixed for the registration of 
electors shall be deemed a holiday so as to effect any meeting 
or proceeding of the board of inspectors for registration. 

Subdivision 6. Challenges to applicants for registration.— 
Any person who applies personally to any board of inspectors 
for registration for any election may be challenged by any qual¬ 
ified elector present. If such applicant be so challenged, or if 
any member of the board of inspectors shall ha\e reason to sus¬ 
pect that such applicant is not entitled to have his name enrolled 
on such register, the chairman of the board shall administer to 
such applicant the preliminary oath w r hich is required by law 
to be administered to a challenged person offering to vote at a 
general election, and may thereupon examine him as to his qual- 


30 


Election Code. 


ifications as an elector, and may require him to state under oath 
his age, residence by street and number, if it have a street num¬ 
ber, and, otherwise, to describe the locality thereof, and if he is 
not a householder, to state the name of the householder with 
whom he resides, and- in like manner to describe the residence 
of such householder. If the applicant shall by his answers 
satisfy the inspectors of his right to be registered, they shall 
enroll his name; if not, they shall tender to him the general oath 
prescribed by law in the case of an elector attempting to vote 
under challenge. If such applicant shall make such oath, his 
name shall be placed upon the register. If he shall refuse to 
make such oath, his name shall not be placed upon the register. 

Subdivision 7. Record of challenges. — If, at a meeting of the 
board of inspectors for registration, any elector shall, upon oath, 
declare that he has reason to believe that any person on the 
register of electors will not be qualified to vote at the election 
for which the registration is made, the board of inspectors shall 
place the words “ to be challenged ” opposite the name of such 
person, and when such person shall offer his vote at such elec¬ 
tion, the general oath as to qualification shall be administered 
to him, and if he shall refuse to take such oath he shall not be 
permitted to vote. 

Subdivision 8. Production of naturalization papers.— It 

shall be the duty of every naturalized citizen before being regis¬ 
tered to produce to the inspectors, if any inspector shall require, 
his naturalization papers or a certified copy thereof for their 
inspection, and to make oath before them that he is the person 
purporting to have been naturalized by the papers so produced, 
unless such citizen was naturalized previous to the year eigh¬ 
teen hundred and sixty-seven. If however such naturalized 
citizen can not for any reason produce his naturalization papers, 
or a certified copy thereof, the board of inspectors, or a majority 
of such board may place the name of such naturalized citizen 
upon the register of electors upon his furnishing to such board 
evidence which shall satisfy such board of his right to be 
registered. 

Subdivision 9. Any person knowingly taking a false oath be¬ 
fore the board of inspectors, shall upon conviction thereof be 
punished as for willful and corrupt perjury. 

§ 35. Subdivision 1 . Certification and custody of register. — At 
the close of each meeting for the registration of electors, for a 
general or other election in a city, or in an election district 


Election Code. 


31 


wholly within a Tillage having five thousand inhabitants or m©re, 
the inspectors shall append to each book of registration their 
certificate, to the effect that such register as it now is com¬ 
prising (here insert the number) names, is a true and correct 
register of the names and residences of all the electors qualified 
to vote at such election in such district, who have personally 
appeared before the board of registration, and such registers 
so certified shall be presumptive evidence that the names and 
places of residence contained therein are the names and places 
of residence given by the persons registered respectively. At 
the close of each meeting for the registration of electors for a 
general or other election elsewhere than in a city, or in a district 
wholly within a village having five thousand inhabitants or more, 
the inspectors shall append to each book of registration a cer¬ 
tificate to th i effect that such register as it now is, comprising 
(here insert ttm number) names, is a true and correct register 
of all electors qualified to vote at such election in such district, 
who have personally applied for registration, or whose names 
the board was required by law to place thereon. Each such 
certification shall be signed by all the inspectors, but in case 
one inspector required to sign such certificate shall fail for any 
reason so to do, he may be required by the officer with whom 
such register is filed to sign such register at a subsequent date. 
In all cases a majority of the inspectors must sign such cer¬ 
tificate at the close of each day of registration. 

Subdivision 2. The register of electors made by the chairman 
of the board of inspectors shall be, and shall be known, as the 
public copy of registration. Such public copy shall be left in a 
prominent position in the place of registration from the first day 
of registration until election day, and shall at all reasonable 
times be open to public inspection and for making copies thereof. 
Each other inspector shall carefully preserve his register of 
electors and shall be responsible therefor, until the close of the 
canvass of the votes on election day, except as hereinafter pro¬ 
vided for in cities of the first class. At the close of each day 
of registration, the inspectors shall draw a line in ink imme¬ 
diately below the name of the elector last entered upon each 
page of each such register. Upon the succeeding day of 
registration, they shall enter the names of electors in the alpha¬ 
betical order of the first letter of the surname below the line 
so drawn upon the proper page after the close of the previous 
day of registration. Upon the close of the last day of registra- 


32 


Election Code. 

tion, the inspectors shall again carefully compare all the books 
of registration, to see that they are identical as to their contents, 
and (after making and completing the separate list of the electors 
in cities of the first class, as provided in subdivision three of 
section thirty-two of the election law), shall certify as a board 
in the proper place provided therefor upon each such register 
that such register is a true and correct register of the persons 
enrolled by them in such district for the next ensuing election, 
and shall state the whole number of such persons so enrolled. In 
cities of the first class, at the close of the last day of registration, 
the chairman of the board of inspectors shall take from an in¬ 
spector of opposite political faith from himself, the register of 
electors made by such inspector and shall file the same on the 
Monday after the last day of registration, if in The City of New 
York, with the superintendent of elections in the borough of Man¬ 
hattan and with the chief of the branch bureau of elections of each 
other borough in which the election district is located, and if in the 
city of Buffalo with the city clerk. Such register so filed, shall be a 
part of the records of the offices in which it is filed. The two other 
inspectors of opposite political faith from each other shall each retain 
their respective registers of electors for use on election day. All 
registers of electors shall at all reasonable hours be accessible for 
public examinations and making copies thereof, and no charge of any 
kind shall be made for such examination or for any elector making 
a copy thereof. In cities of the first class the public copy of regis¬ 
tration shall be used, if necessary, on election day by the inspector 
whose register was filed as herein provided by said chairman. Any 
person who shall alter, mutilate, destroy or remove from the place 
of registration the public copy of such registration, shall be guilty 
of a felony, and shall be punished upon conviction thereof by im¬ 
prisonment in a state prison for not less than two nor more than five 
years, unless otherwise provided by law. If, in cities of the first 
class, the board of inspectors shall meet on the second Saturday be¬ 
fore the election for the purpose of revising and correcting the regis¬ 
ter of electors in pursuance of an order of the supreme court, a jus¬ 
tice thereof or a county judge, as provided in section thirty-one of 
the election law, the inspectors shall certify forthwith to the officer 
with whom the copy of the register is filed, the change or changes 
made upon such register in pursuance of such order. At any revis¬ 
ion of registration for an election other than a general election, the 
quadruplicate register of electors for the last preceding general elec- 


Election Code. 


33 


tion shall be furnished to the inspectors of election by the officer or 
board having the custody thereof, and the inspectors shall certify to 
the officer or board in cities of the first class with whom the registers 
are filed, the changes, additions or alterations made in such registers 
for such election. In the cities of the first class at the close of the 
* canvass of the votes of any election, or within twenty-four hours 
thereafter the two copies of the register of electors used by the in¬ 
spectors and the public copy thereof shall be filed respectively with 
the superintendent of elections in the borough of Manhattan and 
with the chief of the branch bureau of elections in each other bor¬ 
ough of The City of New York, in which the election district is 
located, and with the city clerk of Buffalo. In all election districts 
other than in cities of the first class, one copy of the register used on 
election day by the inspectors shall within twenty-four hours after 
the close of the election be filed in the office of the town or city 
clerk of the town or city in which such election district is, and the 
other copies with the county clerk. Such register of electors shall 
be carefully preserved for use at any election which may be ordered 
or held in either of such counties or cities, respectively, prior to the 
next ensuing general election, at which they may be required. 

Subdivision 3. At the close of registration on the fourth day 
in the election districts in cities and villages of five thousand 
inhabitants or more, and at the close of registration on the 
second day in other districts, the board of inspectors shall forth¬ 
with certify to the officer or board charged with the duty of 
furnishing ballots to such district, the total number of electors 
enrolled in such district. In cities of the first class the inspect¬ 
ors of each district shall also furnish to the police at the close 
of each day of registration, the total number of electors enrolled 
on such day, in their respective districts. 

§ 3G. Subdivision 1. Delivery of blank books for registration 
certificates and instructions.— The secretary of state shall pur¬ 
chase wherever he deems it desirable for the best interests of 
the state a suitable number of blank books for register of 
electors, w T itk blank certificates and brief instructions for regis¬ 
tering the names of electors therein, in the forms respectively 
provided in subdivisions one and two of section thirty-two of 
the election law r , at least four of such books for each board of 
inspectors in the state, and such number of extra copies thereof 
as in his judgment may be necessary for each county or city to 
replace lost or damaged registers before delivery to the inspect- 

5 


34 


Election Code. 


county, except those counties the whole of which are included within 
the city of New York: to each such county clerk a sufficient num¬ 
ber thereof for the use of the boards of inspectors within bis county 
and not within the city of New York, and to the superintendent of 
elections of the city of New York, located in the borough of Man¬ 
hattan, and to the chief of the branch bureau of elections in each 
other borough within the city of New York a sufficient number 
thereof for the use of each board of inspectors within said respective 
boroughs at least twenty days prior to the first day of registration 
for a general election in each year. The county clerk shall deliver 
such books to the town clerks of each town, and to the city clerk of 
each city in such county, by mail or otherwise, at least five days 
prior to the first day of registration, and such town clerks and city 
clerks, and the said superintendent and chiefs of bureaus of elections 
in The City of New York shall deliver such books to the inspectors 
of said boroughs, respectively, before the hour set for registering the 
names of electors on the first day of registration. On each day of 
registration, the police board of The City of New York, and the city 
clerk of Buffalo shall furnish to each board of inspectors in their 
respective cities, blanks for the list of electors provided for in sub¬ 
division three of section thirty-two of the election law. 

Subdivision 2. Delivery of previous registers and poll books 
to inspectors.— Each town clerk with whom the register of the 
xast preceding general election in any election district, elsewhere 
than in a city or wholly within a village having five thousand 
inhabitants or more, shall have been filed, shall cause such regis¬ 
ter and one of the poll-books to be delivered to the board of 
inspectors of such district at the opening of its first meeting for 
the registration for any election. If a new election district 
shall have been formed in a town since such general election, 
the clerk of such town shall, before the first meeting for 
registration thereafter in such new^ election district, make a 
certified copy of each register for such general election of each 
election district out of which such new district shall have been 
formed, and shall cause such certified copy to be delivered to the 
board of inspectors of such new^ election district at the opening 
of such meeting for registration. Such board, at such meeting, 
shall place upon the register of electors all persons wdiose names 
are upon such copies wdio are qualified to vote in such election 
district at the election for which such meeting is held, except 
the names of persons wdio are required to personally appear for 
registration. If a new election district shall have been formed 


Election Code. 


35 


in a city since such general election, the clerk or board with 
whom the register of electors for such last preceding general 
election shall have been filed shall, before the meeting of the 
inspectors of election of such new district for registration for any 
other election, make a certified copy of each register of electors 
for such last preceding general election of each election district 
out of which such new election district is formed, and the in¬ 
spectors of such new election district shall, at such meeting for 
registration for such election, place upon the register of electors 
the names of all persons upon such copies who are qualified to 
vote in such election district at the election for which such 
meeting is held. 

ARTICLE ILL 

Primaries, Conventions and Nominations. 

Section 50. Definitions of primary and convention. 

51. Notice of primary. 

52. Organization and conduct of primaries. 

53. Qualifications of voters at primaries. 

54. Duties of chairman of primary. 

55. Watchers and canvass of votes at primaries. 

56. Party nominations. 

57. Independent nominations. 

58. Places of filing certificates of nominations. 

59. Times of filing certificates of nominations. 

60. Certification of nominations by secretary of state. * 

61. Publication of nominations. 

62. Lists for town clerks and aldermen. 

63. Posting town and village nominations. 

64. Declination of nomination. 

65. Objections to certificates of nominations. 

66. Filling vacancies in nominations. 

§ 50. Definitions of primary and convention. — As used in this 
article, a convention is an assemblage of delegates representing 
a political party or independent body, duly convened for the 
purpose of nominating candidates for office, electing delegates to 
conventions, electing officers for party organizations, or for the 
transaction of any other business relating to the affairs or con¬ 
duct of the party or independent body; and a primary is any 
other assemblage of voters of a political party or independent 
body duly convened for any such purpose. 


3G 


Election Code. 


A convention or primary meeting 1 , witliin the meaning of this statute, is an 
organized assemblage of voters or delegates, representing a political party, which, 
at the last election before the call of such convention, polled at least one per 
centum of the entire vote cast in the district for which the nomination was made. 
Matter of Cowie, 33 N. Y. St. Rep., 710. It is the convention that the act recog¬ 
nizes, and to give to a county convention, or a state or county committee, powder 
to say which of two bodies claiming to be the regular party convention, and which 
has each made a nomination, is the regular party convention, is giving the county 
convention or the state committee the power to make the nomination in the dis¬ 
trict, and not the convention elected as prescribed by the party and in accordance 
with its usages. Id. No supervisory power over the action of the local conven¬ 
tion is given by the statute to either the county or state committee, or to a county 
convention called for the nomination of candidates for a county or city office. 
Neither the clerk or the court has power to decide between the claims of rival 
factions of a political party. Id. Where a certificate of nomination by a convert. _ 
tion of a party is filed, and no objections are filed within the time specified in the 
statute, the clerk is bound to recognize the person named as the regular nominee 
of the party. Id. Certificates of nomination, which are in apparent conformity 
with the provisions of the act, shall be deemed valid unless objections thereto 
shall be made in writing within three days after the filing of the same. Id. 

The definition of a convention or primary has been somewhat changed by sec¬ 
tion 50 of the present act, but not so as to affect the principle laid down in the 
above cited case. 

The election law, in a variety of ways, recognizes that, under our system of 
governmemt, the affairs of the state are conducted through the medium of the 
representatives of political parties, and that, of necessity, such parties must, to 
a certain extent, provide for their conduct certain rules and regulations which 
are not inaptly termed party machinery. Matter of Redmond, 5 Misc. 369. 

In section 50 of this act, provision is made for the conduct of political parties 
by means of conventions and primaries, and by such rules and regulations as 
those bodies may adopt. Id. But, independent of said act, it is a fact so well 
known and of such long continued existence as to entitle it to judicial recogni¬ 
tion, that political parties have their territorial divisions, and that, while each, 
division is within certain limitations a law unto itself so far as the particular 
territory it assumes to represent is concerned, yet, by party usage, each of such 
divisions owes and yields allegiance to some higher power. Id. 

Where a person allies himself with a political party he tacitly acknowledges 
allegiance to all the rules and regulations of that party, as enunciated or ex¬ 
pressed by what party usage recognizes as the supreme or superior authority of 
the organization. Id. The recognition of this principle does not compel one to 
follow blindly the dictates of party or vote for incompetent or unfit candidates. Id. 
He still possesses the inalienable right of severing, either permanently or tem¬ 
porarily, his party relations. Id. Neither does it prevent any person, with a 
sufficient number of followers, who desires his election to any office, from being 
a candidate for that office in the manner provided by the statute. Id. But he 
cannot claim to be a nominee or representative of a political party unless he has 
been first regularly nominated by that party. Id. W T hat constitutes such regu¬ 
larity depends upon the usages of party itself, and not upon any rules or regula¬ 
tions which may seem just and proper to courts and judges. Id. 

An applicant who has received his nomination at the hands of a convention 
whose claims to regularity have been submitted to the supreme authority within 
the party and, by that body, beeu declared unfounded, cannot be regarded as a 
regular nominee of hi^ party, and is, consequently, not entitled to have his name 
printed upon the official party ballot. Id. 

Courts will interfere in contests between factions of a political party only in 
cases where there has been no adjudication of the question of regularity by 
some division of the party which is conceded to be superior in point of authority 
to the one in which the contention arose, provided, of course, that the question 
of good faith in the making of such adjudication is not involved. Matter of 
Pollard, 55 St. Rep. 155. 

When the majority of those whose seats are uncontested, decide as to who of 
the contestants should be admitted to a convention or committee, party loyalty 
and obedience to party usage require the minority to acquiesce. Matter of 
Broat, 6 Misc. 445. 


Election Code. 


37 


Party caucuses should be the fair, full and free expression of the party will, 
and such expression should not be thwarted by sharp practice or throttled by 
force or fraud. Id. And, while it is not to be expected that political caucuses 
will be conducted with the order and decorum of a church meeting or a Sunday- 
school, still fair play and good faith should prevail, and a substantial compliance 
with the party and state law be compelled. Id. 

It is the duty of the chairman of a caucus to put motions, properly made, to a 
vote. Id. Ho has no right to declare a motion or resolution carried without a 
vote being taken, unless by unanimous acquiescence. Id. Where the chairman 
declares the persons, nominated as delegates and committeemen, elected without 
taki ng a vote, and refuses to take a vote thereon, or to recognize any other nomi¬ 
nation, his act is a nullity. Id. 

W hen the chairman refuses to perform the duties of a chairman, or arrogates 
to himself the power lodged in the meeting or caucus itself, the meeting or cau¬ 
cus has power or authority to elect another chairman in his place. Id. 

A meeting called for one day, if, for any good and sufficient reason, it is unable 
to perform and complete the duties it was called for, may properly adjourn to 
another day. Id. 

In the absence of any rules governing a town committee, it must be held to the 
same rules that, at common law, govern any board or body of officers. Id. The 
act of the majority is the act of the board or committee. Id. Such act must be 
done where all the committeemen are present or have had notice to be present. 
Id. They have no power to act except in session, that is, they cannot act sepa¬ 
rately without any meeting being held. Id. 

§ 51. Notice of primary. — No primary shall be held in a city 
or village having a population of over five thousand, as shown 
bv the last state or federal enumeration, unless at least two davs’ 
notice thereof shall be published in a daily newspaper in such 
city or village, of the same politics with the political party giv¬ 
ing the notice at least twice; but if no such newspaper is pub¬ 
lished in the same city or village where such primary is to be 
held, such notice shall be published in a weekly newspaper, if 
any, in such city or village of the same politics of the political 
party giving the notice before such primary is held. But if no 
such daily or weekly newspaper be so published in such city or 
village, such notice shall be posted in at least six public places 
in such city or village at least two days prior to the holding of 
such primary. Such primary shall be opened at such hour be¬ 
tween nine o’clock in the forenoon and nine o’clock in the after¬ 
noon, as may be prescribed by the political party or independent 
bodv holding the same. Elsewhere than in such a city or village, 
every primary shall be called and held pursuant to notice given 
according to the regulations and usages of the political party 
or independent body holding it. 

§ 52. Organization and conduct of primaries.—Every pri¬ 
mary held by any political party or independent body for the 
purpose of choosing candidates for office, or the election of dele¬ 
gates to conventions, or for the purpose of electing officers of any 
political party or independent body, shall be presided over and 


Election Code. 


38 

conducted by officers to be selected in the manner prescribed 
by the rules or regulations of the political party or independent 
body holding such primary. If the rules and regulations of the 
political party or independent body calling it so require, or if 
it shall be, by a vote of the electors present, so resolved, or, if it 
be in a city or village having a population of over five thousand 
according to the last preceding federal or state enumeration, and 
five qualified electors of the district where it is held, belonging 
to the political party calling it, shall serve upon the secretary or 
chairman of the general committee of the party, or of its organi¬ 
zation in such city or village, or upon the chairman of the dis¬ 
trict committee, a written demand, stating that they so require 
it, the following additional requirements, or such of them as may 
be specified in such demand, shall be complied with: 

1. The chairman and other officers shall take the constitutional 
oath of office. 

2. Candidates and delegates and officers of the organization or 
committee shall be chosen by ballot. 

3. The meeting shall be held open not less than one hour for 
voting thereat. 

4. The tellers shall keep a poll list of the name and residence 
of each person voting, and assist the secretary in the canvass 
of the votes. 

5. An elector shall be appointed watcher for each candidate 
or set of candidates or delegates requesting the same. 

6. The chairman shall publicly announce the number of votes 
cast for each candidate, and the result of the canvass at the 
completion thereof, and shall, if the primary be held in a city or 
village having a population of more than five thousand, as 
shown by the last preceding federal or state enumeration, file 
a statement of such results and the oath taken at such primary, 
and the poll list kept thereat in the office of the county clerk, 
if located in such city or village, and otherwise, in the office of 
the city or village clerk, and the papers so filed shall be public 
records and open to inspection and examination by any elector 
of the state. 

Posting notice of a primary to be held by a faction of a party is suf¬ 
ficient, where the only daily newspaper published in the city, though of 
the same political party, is opposed to such faction. Matter of Mitchell, 
81 Hun, 401. 

§ 53. Qualifications of voters at primaries.— No person shall 
be entitled to vote at any primary unless he may be qualified to 


Election Code. 


39 


rote for the officers to be nominated thereat on the day of elec¬ 
tion. They shall possess such other qualifications as shall be 
authorized by the regulations and usages of the political party 
or independent body holding the same. 

, A resident of West Point, who lias no other qualification as a resident 
of the State except such as he gains from such residence there, is not a 
resident of the State and qualified to vote. Matter of Town of Highlands, 
48 N. Y. State Rep. 795. The mere fact of being in the employment of 
the government does not destroy his right to vote. Id. But he must do 
so in the place of his original residence which existed when he went into 
such employment, or at his place of residence, if any, within the State 
since acquired. Id. 

§ 54. Duties of chairman of primary. — The chairman may 
administer any oath required to be administered at any primary. 
He shall decide all questions that arise relating to the qualifica¬ 
tion of voters when the voter is challenged by an elector and 
shall reject such vote, unless the person offering the vote is 
willing to be, and shall be sworn, that he will truly answer all 
questions put to him touching his qualification as such voter, 
and shall state under oath that he is qualified to vote at such 
primary. 

§ 55. Watchers and canvass of votes at primaries. — The 
ballot box used at any primary shall be examined by the secre¬ 
tary and by the tellers, if any, in the presence of the watchers, 
if any, before any ballots are received to see that there are no 
ballots therein. Such watchers are entitled to be present from 
the commencement of the primary to the close of the canvass, 
and the signing of the certificates thereof. At the close of the 
canvass of the ballots cast for each candidate, the secretary shall 
publicly announce the vote and the result of the canvass. 

§ 56. Party nominations; choice of emblems for ballot.— 
Nominations made as provided by this section shall be known 
as party nominations, and the certificate by which such nomi¬ 
nations are certified shall be known as a party certificate of 
nomination. Party nominations of candidates for public office 
can only be made by a convention, or by a duly authorized com- 
mittee of such convention of a political party which at the last 
preceding general election before the holding of such convention 
at which a governor was elected, cast ten thousand votes in the 
state for such officer $ provided, however, that party nomina¬ 
tions of candidates for public office to be voted for only in a 


40 


Election Code. 


town, or ward of a city, or a village or subdivision thereof, can 
only be made by a convention or primary or by a duly authorized 
committee of such convention or primary of a political party, 
which, at the last preceding general election before the hold¬ 
ing of such convention or primary at which a governor was 
elected cast ten thousand votes in the state for such office. 
The party certificate whereby such party nominations are cer¬ 
tified shall contain the title of the office for which each person 
is nominated, the name and residence of each such person, and, 
if in a city, the street number of the residence of each such 
candidate and his place of business, if any. It shall also desig¬ 
nate, in not more than five words, the name of the political 
party which the convention, primary or committee making 
such nomination represents. It shall be signed by the presiding 
officer and a secretary of such convention or primary, or, if made 
by a committee, by a majority of the members thereof, who shall 
add t > their signatures their respective places of residence, and 
shall make oath before an officer qualified to take affidavits that 
the affiants were such officers of such convention or primary, or 
that they are members and constitute a majority of such commit¬ 
tee, and that such certificates and the statements therein con¬ 
tained are true to the best of their information and belief. A 
certificate that such oath has been administered shall be made 
and signed by the officer before whom the same was taken, and 
attached to such certificate of nomination. When the nomina¬ 
tion is made bv a committee, the certificate of nomination shall 
also contain a copy of the resolution passed at the convention 
or primary which authorized such committee to make such nomi¬ 
nation. A certificate of nomination filed pursuant to this sec¬ 
tion may upon its face appoint a committee of one or more 
persons for the purposes specified in section sixtv-six of this act. 
When a party nomination is made by a state convention of a 
candidate or candidates to be voted for bv the electors of the 
entire state, it shall be the duty of such convention to select 
some simple device or emblem to designate and distinguish the 
candidates of the political party making such nominations or 
nomination. Such device or emblem shall be shown by a repre¬ 
sentation thereof upon a certificate signed and duly executed by 
the presiding officer and a secretary of said convention, which 
certificate shall be filed with the secretary of state, and such 
device or emblem, when so filed, shall in no case be used by any 
other party or independent body. When any independent body 


Election Code. 


41 


shall make a like nomination, as provided by the fifty-seventh 
section of this act, it shall be the duty of the persons who shall 
sign and execute the certificate of nomination of such candidate 
or candidates, to likewise select some simple device or emblem to 
designate and distinguish the candidate of such independent body 
making such nomination, and such device or emblem shall be 
shown by the representation thereof upon a certificate signed and 
duly executed by the proper parties authorized for that purpose. 
The device or emblem so chosen, when filed as aforesaid, shall be 
used to designate and distinguish all the candidates of the same 
political party or independent body nominated by such political 
party or independent body, or duly authorized committee, or 
primary thereof, in all districts of the state. The device or 
emblem chosen, as aforesaid, may be the representation of a star, 
an animal, an anchor or any other appropriate symbol, but 
neither the coat of arms nor seal of any state, nor of the United 
States, the national flag, nor any religious emblem or symbol, nor 
the portrait of any person, nor a representation of a coin or of the 
currency of the United States shall be chosen as such distinguish¬ 
ing device or emblem. If the certificate of nomination of 
two or more different political parties or independent bodies 
shall designate the same, or substantially the same, device 
or emblem or party name, the officer with whom the certificates 
of nominations are filed shall decide which of said political par¬ 
ties or independent bodies is entitled to the use of such device, or 
emblem, or party name, being governed as far as may be, in his 
decision by priority of designation in the case of the device or 
emblem, and of use in the case of the party name. If the other 
nominating body shall present no other device or party name 
after such decision, such officer shall himself select for such 
other nominating body another device or party name, so that no 
two different parties shall be designated by the same device or 
party name. If there be a division within a party, and two or 
more factions claim the same, or substantially the same device 
or name, the officer aforesaid shall decide between such conflict¬ 
ing claims, giving preference of devicp and name to the conven¬ 
tion or primary, or committee thereof, recognized by the regu¬ 
larly constituted party authorities. Any questions arising with 
reference to any device, or to the political party or other name desig¬ 
nated in any certificate of nomination filed pursuant to the provisions 
of this section, or of section fifty-seven of this article, or with refer- 
6 


42 


Election Code. 


ence to the construction, validity or legality of any such certificate* 

shall be determined in the first instance bv the officer with whom 

* 

such certificate of nomination is filed. Such decision shall be in 
writing, and a copy thereof shall be sent forthwith by mail by such 
officer to the committee, if any, named upon the face of such certifi¬ 
cate, and also to each candidate nominated by any certificate of nomi¬ 
nation affected by such decision. The supreme court, or any justice 
thereof, within the judicial district, or any county judge within his 
county, shall have summary jurisdiction upon complaint of any citi¬ 
zen, to review the determination and acts of such officer, and to 
make such order in the premises as justice may require, but the final 
order must be made on or before the last day fixed for filing certifi¬ 
cates of nominations to fill vacancies with such officer as provided in 
subdivision one of section sixty-six of this article. Such a complaint 
shall be heard upon such notice to such officer as the said court or 
justice or judge thereof shall direct. If any certificate of nomination 
of candidates to be voted for by the electors of the entire state, filed 
with the secretary of state, pursuant to the provisions of this act, 
shall omit to designate a device or emblem to distinguish the can¬ 
didates of the political party or independent body making such nom¬ 
ination, it shall be the duty of the secretary of state to select a device 
or emblem for that purpose, and such device or emblem so chosen 
shall be used to distinguish all candidates of that party or independ¬ 
ent body throughout the state, whether such candidates are nomi¬ 
nated for state, or for local offices; and if any certificate of nomina¬ 
tion of candidates to be filled by the electors of a district less than the 
entire state shall be filed with the secretary of state, or with any 
other public officer pursuant to this article, by a political party or 
independent body which has made no nomination of candidates for 
offices to be filled by the electors of the entire state, and such certifi¬ 
cate of nomination shall omit to designate a device or emblem to dis¬ 
tinguish the candidates nominated in such certificate, it shall be the 


Election Code. 


43 


duty of the secretary of state or other public officer with whom such 
certificate of nomination is filed, to select a device or emblem to rep¬ 
resent the candidates named in such certificate of nomination. 

This section applies to all organized parties and puts a mere local and 
isolated party on the same footing as a State party and its local branches, 
sections or connections. Matter of Wheeler, 10 Misc. 55. 

Where, at an adjourned meeting of the Republican convention, the 
relator was nominated as candidate for member of congress, and there¬ 
after the former secretary of the convention, who had been deposed, acting 
without authority from the chairman, summoned the delegates to reas¬ 
semble, and those who attended nominated another person for that office, 
it w r as held that, upon nominating the relator, the power of the conven¬ 
tion to nominate was exhausted; that the subsequent meeting was unau¬ 
thorized, and that relator was the candidate of the party and entitled to 
have his name placed upon the official ballot. People ex rel. Simpson v. 
Police Commissioners, 10 Misc. 98. 

A party, which did not poll at the last preceding general election the 
requisite number of votes in the State to entitle it, under this section of 
the Election Law, as amended in 1895, to make a party nomination, can 
not nominate State officers. Matter of Madden, 148 N. Y. 136. The 
legislature provided a method by which party nominations could be made 
known to the voters and to the public officials intrusted with the duty 
of preparing the official ballot. Id. This method was to require nomi¬ 
nations by the political party for State officers or for officers for districts 
larger than a county to be authenticated or certified by the nominating 
body to the Secretary of State, and to the county clerks of the respective 
counties in case of county or local nominations, and to insert the names 
of persons so nominated in the official ballot under a party name and 
emblem. Id. The purpose of the emblem is to “ designate and distin¬ 
guish all the candidates of the same political party or independent body.” 
Id. This section declares that, if any political party or independent body 
makes no nomination for the State office, but shall nominate for the office 
to be filled by the voters of the district of the State, an emblem shall 
be selected to “ designate and distinguish the candidates of that political 
party or independent body who are named in such certificate.” Id. 

Though no written objection to the nomination has been filed in the 
office in which the certificate was filed within three days after the filing 
of the certificate, as may be done under section 65 ot this act, anj citizen 
may, under the provisions of section 56 of the act, apply to the supreme 
Court, or other proper authority, to review the determination and acts 
of the police commissioners in regard to the certificate of nomination, 
which has been filed. Fernbacher v. Roosevelt (Sup. Ct., 1 D., 1S95), 

90 Hun, 441. This section gives the proper courts summary jurisdiction. 


44 


Election Code. 


on the complaint of any citizen, to review the acts of the officers respon¬ 
sible for the printing of the ballots. Id. A citizen is presumably a voter, 
and as the statute has provided that, upon the complaint of any citizen, 
the court shall redress any wrong which must have been committed, 
whether as against himself or against any one else, the court is bound to 
entertain a complaint made by him relative to the violation of the Election 
Law. Id. 

4 

Whether the board of police commissioners render a decision upon writ¬ 
ten objections, or in their absence, upon any question within the scope of 
this section, their action may be reviewed. Fernbaclier v. Roosevelt (Sup. 
Ct., Chambers, 1895), 14 Misc. 199. This section gives the right to seek a 
review of their decision, after rendition, to any citizen upon application 
to a court or judge. Id. 

This section does not require that candidates shall be nominated by the 
convention or primary, or by a duly-authorized committee of any conven¬ 
tion or primary, or any political party, or authorize such nominations 
to be made by any convention or primary, or any nominating body. Mat¬ 
ter of Cantine (Sup. Ct., Sp. T., 1895), 14 Misc. 139. Any political party, 
whose candidates for State offices polled lt',000 or more votes at the last 
general election may, by a convention of its members, a duly-authorized 
committee of the party, or by a primary meeting of its members, place 
in nomination, a full set of candidates for all State offices to be filled 
at the general election, and the certificates of such nomination, when 
made according to the provisions of this section, may be filed with the 
Secretary of State, as provided by section 58 of this act, and entitle such 
party to a separate column upon the official ballot. Id. With regard 
to the several districts of the State, such as the county, the senate and 
assembly districts, and the judiciary districts, such party may name its 
candidates for the several offices therein, either by a convention or 
primary held therefor or by a duly-authorized committee of its convention 
held in either the State or the district thereof, and, upon duly filing the 
certificates of such nominations, the names of the candidates for these 
offices may be printed in the column containing the names of the party’s 
candidates for State offices, even though the party did not cast as large 
as 1 per cent, of the entire vote polled in the particular district. Id. 

This section applies only to such organized parties, State and local, 
as polled at the last preceding election the number of votes required to 
give it the status to make nominations, viz., 10,000 ,T otes in the case of 
the State party, and 1 per cent, of all the votes cast in the locality, in 
the case of a local party. Matter of Hirsh (Sup. Ct., Sp. T., 1895), 14 
Misc. 377. The Election Law was changed at the last session of the 
legislature (1895) by doing away with separate ballots for each ticket of 
nominations, and putting all tickets of nominations upon one ballot in 
separate columns, and also by requiring each ticket to be headed by an 
emblem, in addition to the former requirements of the party name only. 
Id. 


Election Code. 


45 


§ 57. Independent nominations.— Nominations made as pro¬ 
vided by this section shall be known as independent nomina¬ 
tions, and the certificate whereby such nominations are made 
shall be known as an independent certificate of nomination. In¬ 
dependent nominations of candidates for public office to be voted 
for by all the electors of the state can only be made by six thou¬ 
sand or more voters of the state; provided, however, that in mak¬ 
ing up such number at least fifty electors in each county of 
the state (the counties of Fulton and Hamilton to be considered 
as one county) shall subscribe to the certificate provided for in 
this section. Independent nominations of candidates for muni¬ 
cipal offices to be voted for by all the electors of a municipality 
can onlv be made if in a citv of the first class by two thousand 
electors of such city; if in cities of the second class by one thou¬ 
sand electors of such city, and in other cities by five hundred 
electors thereof. Independent nominations of candidates for a 
county office in a county in which there is a city of the first class 
can only be made by two thousand electors of such county. In¬ 
dependent nominations of candidates for public office other than 
municipal offices to be voted for in a district less than the whole 
state, but greater than a town or ward of a city, can only be 
made by one thousand electors or more of the district, except 
that five hundred voters or more of an assemblv or school com- 
missioner district, may make such nomination for member of 

7 1/ 

assembly or school commissioner to be voted for in such district. 

*/ 

Independent nominations of candidates for public office to be 
voted for only by the electors of a town, or a ward of a city, or a 
village, can only be made by one hundred electors or more of such 
town, ward or village, except that when such town, ward or vil¬ 
lage constitutes an assembly or school commissioner district, 
five hundred or more electors shall be required as above to make 
such nomination for member of assembly or school commissioner. 
Independent nominations shall be made by a certificate sub¬ 
scribed by snch electors, each of whom shall add to his signature 
his place of residence, and make oath that he is an elector 
and has truly stated his residence. The making of the 
said oath shall be proved by the certificate of the notary 
or other officer before whom the said oath is taken, and 
it shall be unnecessary for an elector who has subscribed 
a certificate of nomination as herein provided, to sign 
any affidavit as to the matters to which he has made oath as 
aforesaid. The certificate shall contain the titles of the offices, 


46 


Election Code. 


to be filled, the name and residence of each candidate nominated, 
and if in a city, the street number of such residence and his place 
of business, if any; and shall designate in not more than five 
words the political or other name which the signers shall select, 
which name shall not include the name of any organized political 
party. All independent certificates of nomination shall, upon 
their face, designate and select a device or emblem to represent 
and distinguish the candidate of the independent body making 
such nominations, as provided by the fifty-sixth section of this 
act. The certificate may designate upon its face, one or more 
persons as a committee to represent the signers thereof, for the 
purposes specified by section sixtv-six of this act. The signatures 
to the certificate of nomination need not all be appended to one 
paper. No person shall join in nominating more candidates for 
any one oflice than there are persons to be elected thereto, and 
no certificate shall contain the names of more candidates for 
any office than there are persons to be elected to such office. 

Where, owing to a wrong construction of the statute, the certificate of nomina¬ 
tion filed did not contain an authorization to fill out the names of candidates for 
other offices to be placed on the ballots, and eight days before election a correct 
certificate was filed, it was held that such certificate be filed nunc pi'o tunc, and 
proper ballots printed and distributed. Matter of Grogan, 34 N. Y. State Rep., 
635. 

Where a nomination is for an office to be voted for by voters of a district larger 
than a county, but including a portion of the city of New York, the city of Brook¬ 
lyn or the county of Kings, a certificate signed by one hundred voters was suffi¬ 
cient before the amendment of chap. 296 of 1891. People ex rel. Cohn v. Rice, 
33 1ST. Y. State Rep. 712. By such amendment, the certificate, in such case, must 
be signed by two hundred and fifty voters. 

The certificate of nomination to the office of supervisor in the city of Brooklyn, 
need not be signed by three thousand voters in order to warrant the representa¬ 
tive of the signers in demanding that the name of the candidate, nominated for 
the office of associate judge of the court of appeals, shall be placed thereon. 
People ex rel. Elliott v. Kaiser, 33 N. Y. State Rep. 713. 

Under this section the voters must sign both the oath and the certifi¬ 
cate. People, ex rel. Oliver v. Police Commissioners, 10 Misc. 200. If they 
fio not, upon signing the certificate of nomination, subscribe the oath required 
by the statute, the certificate, though regular in all other respects, is not in 
apparent conformity with the statute, and may be rejected on that account. 
Id. \v as not this section so modified by Chap. 810 of 1895 as to do away 
with this requirement ? J 

§ 58. Places of filing certificates of nomination.— Certificates 
of nomination of candidates for office to be filled by the electors 
of the entire state, or of any division or district greater than a 
county, shall be filed with the secretary of state, except that each 
certificate of nomination of a candidate for member of assembly 
for the assembly district composing the counties of Fulton and 
Hamilton, shall be filed in the office of the county clerk of Fulton 
county, and a copy thereof certified by the county clerk of Fulton 


Election Code. 


47 


county, shall be filed in the office of the county clerk of Hamilton 
county, so long as the said counties constitute one assembly district 
and except that certificates of nomination of candidates for offices 
to be filled only by the electors of a portion of the electors of The 
City of New York shall be filed with the police board of The City of 
New York, in the office of the superintendent of elections. Certifi¬ 
cates of nominations of candidates for offices to be filled only by the 
votes of electors, part of whom are of New York City and part of 
whom are of a county not wholly within The City of New York 
shall be filed with the clerk of such county and in the office of the 
superintendent of elections and with the police board of said city. 
Certificates of nomination of candidates for offices of any other city, 
or for officers of a village or town, to be elected at a different time 
from a general election, shall be filed with the clerk of such city, vil¬ 
lage or town, respectively. In towns in which town meetings are 
held at the time of general elections, certificates of nominations of 
candidates for town offices shall be in duplicate, one of which shall 
be filed with the town clerk of the town in which such officers are to 
be voted for, and the other with the clerk of the county in which 
such town is located. All other certificates of nomination shall be 
filed with the clerk of the county in which the candidates so nomi¬ 
nated are to be voted for. All certificates and corrected certificates 
of nomination, all objections to such certificates and all declination of 
nominations are hereby declared to be public records, and it shall be 
the duty of every officer or board to exhibit, without delay, every . 
such paper or papers to any person who shall request to see the same. 

It shall also be the duty of each such officer or board to keep a book, 
which shall be open to public inspection, in which shall be correctly 
recorded the names of all candidates nominated by certificates filed 
in the office of such officer or board, or certified thereto, the title of 
the office for which any such nomination is made, the political or 
other name and emblem of the political party or independent body 
making such nomination ; and in which shall also be stated all decli¬ 
nations of nominations or objections to nominations and the time of 
filing each of the said papers. 

Am’d, chap. 363 of 1898. 

§ 59. The times of filing certificates of nominations.— The 

different certificates of nomination shall be filed within the following 
periods before the election for which the nominations are made, to 
wit: Those required to be filed with the secretary of state, if party 
nominations, at least thirty and not more than forty days; if inde¬ 
pendent nominations, at least twenty-five and not more than forty 
days; those required to be filed with a county clerk, or the police 
board of The City of New York, or with the city clerk of any other 
city, if party nominations, at least twenty-five and not more than 
thirty-five days : if independent nominations, at least twenty and not 
more than thirty-five days; those required to be filed with a town or 
village clerk, if party nominations, at least fifteen and not more than 
twentv days; if independent nominations, at least ten and not more 
than twenty days. In towns in which town meetings are held at the 


48 


Election Code. 


time of general elections, certificates of nominations for town officers, 
if of a party, shall be filed with the town and county clerks, not less 
than twenty nor more than thirty days before the election for which 
the nominations are made; if of independent nominations, not less 
than fifteen and not more than thirty days before such time. In case 
of a special election ordered by the governor, under the provisions of 
section four of the election law, the certificates of nominations for 
the office or offices to be filled at such special election shall be filed 
with the proper officer or board not less than fifteen days before such 
special election. 

Am’d, chap. 363 of 1898. 

§ 60. Certification of nominations by secretary of state.— 

The secretary of state shall, fourteen days before the election, certify 
to the county clerk of each county, except those counties the whole 
of which are within The City of New York, and to the police board 
of The City of New York, the name, residence and place of business, 
if any, of each candidate nominated in any certificate so filed for 
whom the electors of any such county or said city, respectively, may 
vote, the title of the office for which he is nominated, the party or 
other political name specified in such certificate, and the emblem or 
device chosen to represent and distinguish the candidates of the 
political party or independent body making such nominations. 

By this section, the Secretary of State, upon expiration of the time for 
'filing certificates of nomination, must certify to the board of police com¬ 
missioners, the name, residence and place of business, if any, of each 
candidate nominated in any certificate so filed for whom voters may vote, 
the title of the office for which he is nominated, the party or other politi¬ 
cal name specified in such certificate, and the emblem or device chosfn 
to represent and distinguish the candidates of the political party or inde¬ 
pendent body making such nominations. Fernbacher v. Roosevelt (.Sup. 
Ct., Chambers, 1895), 14 Misc. 199. 

It is the duty of the county clerk to prepare the ballots for the election, 
and this he must do from the certificates of nominations filed in his office 
in the case of county or less local nominations and from the certificate 
to him by the Secretary of State of all nominations for offices to be voted 
for by the electors of the whole of the State or of any district of the 
State larger than a county. Matter of Hirsh (Sup. Ct., Sp. T., 1895), 14 
Misc. 377. 

§ 61. Publication of nominations.—At least six days before an 
election to fill any public office, the county clerk of each county, 
except those counties which are wholly within The City of New 
York, shall cause to be published in not less than two or more than 
four newspapers within such county, a list of all nominations of 
candidates for offices to be filled at such election, certified to such 
clerk by the secretary of state, or filed in the office of such clerk. 
The police board of The City of New York shall, within the same 
time before an election to fill any public office, cause to be published 
in not less than two, nor more than four newspapers published in 
each county wholly or partly within such city a list of the nomina- 


Election Code. 


49 


tions of candidates for offices to be voted for at such election in such 
counties respectively, whicn were certified to such board by the sec¬ 
retary of state, or filed in tne office of such board ; except that in 
the borough of Brooklyn such publications shall be made in the 
newspapers designated to publish corporation notices therein. Such 
" publication shall contain ttie name and residence, and if in a city, 
the street number of the residence and place of business, if any, and 
the party or other designation of each candidate, the office for which 
he was nominated, specifying the political division in which he 
is to be voted for, and a facsimile of the emblems or devices se¬ 
lected and designated as prescribed by the fifty-sixth and fifty-sev¬ 
enth sections of this act, to represent and distinguish the candidates 
of the several political parties or independent bodies. The city 
clerk of each city, except New York, and the police board in said 
city, shall at least six days before an election of city officers thereof, 
held at a different time from a general election, cause like publica¬ 
tion to be made as to candidates for offices to be filled at such city 
election in a like number of newspapers published in said city. One 
of such publications shall be made in a newspaper which advocates 
the principles of the political party that, at the last preceding election 
for governor, cast the largest number of votes in the state for such 
office; and another of such publications shall be made in a news¬ 
paper which advocates the principles of the political party that at 
, the last preceding election for governor cast the next largest number 
of votes in the state for such office. The clerk or board, in selecting 
the papers for such publications, shall select those which, according 
to the best information he can obtain, have a large circulation within 
such county or city. In making additional publications, the clerk 
or board shall keep in view the object of giving information, so far 
as possible, to the voters of all political parties; and in no event 
shall additional publications be made in two newspapers representing 
the same political party. The clerk or board shall make such pub¬ 
lication twice in each newspaper so selected in a county or city in 
which daily .newspapers are published; but if there be no daily 
newspaper published within the county, one publication only shall 
be made in each of such newspapers. Should the county clerk find 
it impracticable to make the publication six days before election day 
in counties where no daiiy newspaper is printed, he shall make the 
same at the earliest possible day thereafter, and before the election. 

Am’d ch. 608, 1897. In effect, June 8, 1897. 

A list of the certified names must be published at least six days before election 
and sample copies of the ballots must be prepared and ready for public inspection 
seven days before election. Matter of Woodworth, 43 State Rep’r, 432; 64 Hun, 
522. 


7 


50 


Election Code. 


The board of police commissioners of the city of New York, in making the 
selection of papers for publishing nominations under section 61 of the Election 
Law, acts judicially, and its action may be reviewed by certiorari. The Peo¬ 
ple, ex rel. Press Publishing Company v. Martin, 142 N. Y. 228; affirming 72 
Hun, 354 They cannot, under this act, arbitrarily designate the newspapers 
without any inquiry or any effort to obtain the best information as to their 
circulation. Id. They must act in good faitli and seek for information as to 
the circulation of the papers, and, in making the designation they must act 
according to the best information they can obtain. Id. But they are net 
bound to resort to any particular evidence nor to give the various newspaper 
representatives a formal hearing. Id. They can receive affidavits, examine 
books or make other inquiries satisfactory to them for the purpose of ascer¬ 
taining which of the newspapers has the largest circulation within the city. 
Id. If they are furnished with formal proof by the representatives of any 
newspaper, they must receive and act upon it. Id. If evidence, not open to 
suspicion, doubt or question, is furnished to them, showing that any particular 
newspaper has the largest circulation, they should receive and act upon such 
evidence, giving to it its proper force and effect. Id. In other words, they 
should act in good faith, seeking for the best information to guide them in the 
exercise of their judicial discretion in the selection of the newspaper under 
the act. Id. All sources of information are open to them as they are open to 
assessors of property for taxation who are to proceed upon diligent inquiry 
and the best information they can obtain. Id. 

§ 62. Lists for town clerks and aldermen.—The county clerk 

of each county, except those counties which are wholly within The 
City of New York, shall at least six days before election day, send 
to the town clerk of each town, and to an alderman of each ward in 
any city in the county, at least five and not more than ten printed 
lists for each election district in such town or ward, containing the 
name and residence, and if in a city, the street number of residence, 
and place of business, if any, and the party or other designation, and 
also a facsimile of the emblem or device of each political party, or, 
independent body nominating candidates to be voted for by the 
electors of the respective towns and wards. Such lists shall, at least 
three days before the day of election be conspicuously posted by 
such town clerk or alderman in one or more public' places in each 
election district of such town or ward, one of which shall be at each 
polling place. 

§ 63. Posting town and village nominations. — Each town and 
village clerk shall cause at least ten copies of a like list of all 
nominations to office filed with him to be conspicuously posted 
in ten public places in the town or village, at least one day be¬ 
fore the town meeting or village election, one of which copies 
shall be so posted at each polling place of such town meeting or 
village election. 

§ 64. Declination of nomination. — The name of a person nomi¬ 
nated for any office shall not be printed on the official ballot if he 
notifies the officer with whom the original certificate of his nomi¬ 
nation is filed, in a writing signed by him and duly acknowl- 


Election Code. 


51 


edged, that he declines the nomination, or if nominated by more 
than one political party, or independent body, the name oi a 
person so nominated shall not be printed on the ticket of a party 
or independent body whose nomination he shall in like manner 
decline. If the declination be of a party nomination filed with 
the secretary of state, such notification shall be given at least 
twenty-five days, and if an independent nomination, at least 
twenty days before the election. If the declination be of a party 
nomination filed with a county clerk or the police board of The City 
of New York, or with the city clerk of any other city, such notifica¬ 
tion shall be given at least twenty days, and if of an independent 
nomination, at least eighteen days beiore the election. If the declination 
be of a party nomination filed with a town or village clerk, such 
notification shall be given at least ten days, and if of an independent 
nomination, at least seven days before the election. The officer to 
whom such notification is given, shall forthwith inform by mail or 
otherwise, the committee, if any. appointed on the face of such certifi¬ 
cate as permitted by sections fifty-six and fifty-seven of this act, and 
otherwise one or more persons whose names are attached to such 
certificate, that the nomination conferred by such certificate has been 
declined, and if such declination be filed with the secretary of state, 
such officer shall also give immediate notice by mail or otherwise, 
that such nomination has been declined, to the several county clerks 
or other officers, authorized by law to prepare official ballots for elec¬ 
tion districts affected by such declination. 

§ 65. Objections to certificates of nomination. —A written ob¬ 
jection to any certificate of nomination may be filed with the 
officer with whom the original certificate of nomination is filed 
within three days after the filing of such certificate. If such 
objection be filed, notice thereof shall be given forthwith by mail 
to the committee, if any, appointed on the face of such certificate 
for the purposes specified in section sixty-six of this act, and also 
to each candidate placed in nomination by such certificate. The 
questions raised by such written objection shall be heard and 
determined as prescribed in section fifty-six of this act. 

A ticket for candidates for town office, nominated and filed according to law, 
should be printed by the town clerk for the popular vote, without regard to what 
political name the body of voters who nominated it assumed. People ex rel. 
Wallace v. Ryan, 60 Hun, 398. A mandamus will lie to compel him to do so in 
case he delays action, even without a formal refusal to act. Id. The clerk i3 
excused, by the statute, from passing upon the'objections, if an order shall be 


52 


Election Code. 


made by a court of competent jurisdiction on or before Wednesday preceding' 
election. Id. The object of the law was not that the town clerk should make 
the order upon the objection before the court could make an order. Id. This 
would defeat the law in some instances. The clerk might delay his decision 
until it was too late to print the ticket. Id. 

See note under section 50. 

The county clerk primarily hears, investigates and decides upon the validity of 
the objections. Matter of Woodworth, 46 State Rep’r, 432; 64 Hun, 522. Unless 
an order shall bo made in the matter by a justice of the Supreme Court, or a 
court of competent jurisdiction, the county clerk’s decision is final. Id. Any 
party interested can apply to a justice of the Supreme Court to investigate and 
decide between the contending candidates. Id. 

The exigencies of the case must always prevent much delay in tne investiga¬ 
tion and decision of the question. Id. 

An order made by a judge under this section is not appealable. Id. 

A member of a county committee, who is not one of the candidates nominated, 
is not an aggrieved or interested party. Id. 

In proceedings under section 65 of the Election Law, the decisions of party 
conventions, committees or caucuses are not binding upon, and have no weight 
with, the court. Matter of Broat, 6 Misc. 445. One of the purposes of the law is 
to determine whether the action of such bodies is in conformity with the laws of 
the State. Id. 

Recent legislation has been such as to bring within the law the action of all 
party caucuses, conventions and committees, and subject them to the supervision 
and control of the courts. Id. Under our form of government, the primaries, 
caucuses and conventions of parties should be surrounded by all the safeguards, 
and be conducted with the same conformity to law, that our regular elections 
should be. Id. Whether they have been so conducted, is to be determined by 
the courts in the same manner as everv other controversy that is brought before 
them. Id. 

Where the duty is cast upon courts and judges of determining the regularity 
and fairness of political methods, those methods must be subjected to the same 
tests as would those of any other body of men whose good faith is questioned, 
and no court or judge would be justified in sustaining them when found to be 
inconsistent with that degree of sound morals which must characterize an ordi¬ 
nary affair of business, even though they are recognized and approved by sena¬ 
torial and State conventions of the same political organizations. Matter of 
Woodworth, 16 N. Y. Supp. 147. 

A local faction which supports the State nominees of the party, may 
print the names of its local nominees on the ballots with those of such State 
nominees, though such faction was not recognized by the preceding State con¬ 
vention. Matter of Mitchell, 81 Hun. 401. In making up the various official 
ballots, the county clerk takes into consideration the nominations for State and 
district offices which have been certified to the secretary of state and the nomi¬ 
nations for local offices which appear upon certificates filed in his office. Id. 
In combining the names to go upon a particular official ballot, he is to select, 
so far as party nominations are concerned, the candidates nominated by one 
and the same pai’ty. Id. When there are two sets of nominations of the 
same political party so far as local offices are concerned, both coming from 
rival organizations which claim to be parts of the same political party, the 
county clerk cannot refuse to place one of such sets of nominations on a 
ballot with the State nominees of such party, simply because the faction which 
made the nomination was not recognized by the last State convention of such 
political party. Id. His duty is to inquire and determine, as a matter of fact, 
whether the faction is really a part of such party or not, and if so, its local 
candidates should be named on the ballot with the nominations for State offices 
made by such party, and if not. they should have a ballot by themselves with 
blanks, so fnr as relates to nominations for State offices. Id. 

This section, which provides that a written objection to any certificate 
of nomination may be filed in three days after the filing of such certificate, 

not exclusive. Fernbacher v. Roosevelt (Sup. Ot., 1 D., 18'do), DO Hun, 

441. 


Election Code. 


53 


This section of the act, which provides for objections to certificates of 
nomination, is not restrictive of section 56, relating to the “construction, 
validity or legality,” of any certificate of nomination filed, but adds thereto 
by providing that “ written objections ” may be filed, and indicates the 
course of procedure thereon. Fernbaclier v. Roosevelt (Sup. Ct., Cham¬ 
bers, 1S95), 14 Misc. 199. This section relates to written objections and 
procedure when they are filed and before decision has been rendered. Id. 

) 

§ 66. Filling vacancies in nominations, and correction of cer¬ 
tificates. — Subdivision 1. If a nomination is duly declined, or a 
candidate regularly nominated dies before election day, or is 
found to be disqualified to hold the office for which he is nomi¬ 
nated, or if any certificate of nomination is found to be defective 
but not wholly void, the committee appointed on the face of such 
certificate of nomination, as permitted by sections fifty-six and 
fifty-seven of this act, may make a new nomination to fill the 
vacancy so created, or may supply said defect, as the case may 
be, by making and filing with the proper officer a certificate set¬ 
ting forth the cause of the vacancy or the nature of the defect, 
the name of the new candidate, the title of the office for which he 
is nominated, the name of the original candidate, the name of 
the political party or other nominating body which w r as inscribed 
on the original certificate, and such further information as is 
required to be given by an original certificate of nomination; 
except that where a certificate is filed pursuant to this section 
to fill a vacancy it shall not be lawful to select a new emblem 
or device, but the emblem or device chosen to represent or distin¬ 
guish the candidate nominated by the original certificate shall be 
used to represent and distinguish the candidate nominated, as pro¬ 
vided by this section. The certificate so made shall be subscribed 
and acknowledged by a majority of the members of the committee^ 
and the members of the committee subscribing the same shall make 
oath before the officer or officers before whom they shall severally 
acknowledge the execution of the said certificate that the matters 
therein stated are true to the best of their information and belief. 
Except in a case as provided for in subdivision two of this section, 
the said certificate shall be filed in the office in which the original 
certificate was filed, at least six days before the election, if filed in 
the office of a town or village clerk; at least fifteen days before the 
election if filed with the county clerk or the police board of The 
City of New York, or the city clerk of any other city; and at least 


54 


Election Code. 


fifteen days if filed with the secretary of state, and upon being so 
filed shall have the same force and effect as an original certificate of 
nomination. When such certificate is filed with the secretary of 
state, he shall, in certifying the nomination to the various county 
clerks and other officers, insert the name of the person who has been 
nominated as prescribed by this section, instead of that of the candi¬ 
date nominated by the original certificate, or, if he has already sent 
forward his certificate, he shall forthwith certify to the proper clerks 
and other officer, the name of the person nominated as prescribed by 
this section, and such other facts as are required to be stated in a 
certificate filed pursuant to this section. When no nomination shall 
have been originally made by a political party, or by an indspendent 
body for an office, or where a vacancy shall exist, it shall not be 
lawful for any committee of such party or independent body author¬ 
ized to make nominations, or to fill vacancies, to nominate or substi¬ 
tute the name of a candidate of another party, or independent body 
for such office; it being the intention of this act that when a candi¬ 
date of one party is nominated and placed on the ticket of another 
party or independent body, such nomination must be made at the 
time and in the manner provided for making original nominations 
by such party or independent body. 

Subdivision 2. In case of the death of a candidate after the 
official ballots have been printed, and before election day, the 
vacancy may be filled by filing the proper certificate of nomina¬ 
tion of a candidate to fill such vacancy, with the officer or board 
with whom the original certificate was filed, and it then shall be 
the duty of the officer or board furnishing the official ballots to 
prepare and furnish to the inspectors of election in the election 
districts affected adhesive pasters containing the name of the 
candidate nominated to fill the vacancy, and the title of the office 
for which he was nominated. The pasters shall be of plain while 
paper, printed in plain black ink and in the same kind of type 
used in printing the titles of the offices and the names of the can¬ 
didates upon the official ballots, and shall be of a size as large 
and no larger than the space occupied upon the official ballot by 
the title of the office and the name of the candidate in whose 
place the candidate named upon the paster lias been nominated. 
If the candidate be one of a group of candidates, such official 
paster shall contain the name of the candidate but not the title 
of the office. Whenever such pasters are provided, the officer or 


Election Code. 


55 


board furnishing them shall certify to the inspectors of election 
in the election districts affected by the vacancy, the name of the 
original candidate, the name of the new nominee, the title of the 
office for which the nomination is made, and the name of the 
political party or independent body making the nomination, and 
shall state the number of pasters furnished, which number shall 
be equal to the number of official ballots furnished for such dis¬ 
trict. Upon the delivery of said pasters, the inspectors of elec¬ 
tion shall sign a receipt for the same, which receipt shall be re¬ 
tained by the officer or board furnishing the pasters, and shall 
be part of the record of his or their office. The inspectors shall 
deliver the pasters to the ballot clerks, who are required to affix 
one of such pasters in the proper place and in a proper manner 
upon each official ballot before said ballot shall be delivered to 
a voter. When so affixed to the official ballot, the pasters shall 
be considered as being part of the official ballot. The ballot 
clerks shall include in their statement of ballots a statement 
showing the number of pasters received by them, the number of 
pasters affixed to official ballots and the number of unused 
pasters returned by them, the unused pasters to be enclosed in 
the package of ballots not delivered to voters. The use of any 
paster upon the official ballot otherwise than as herein provided 
is hereby declared a felony, punishable by imprisonment in a 
state prison for not less than one nor more than five years. 

ARTICLE IV. 

Official and Sample Ballots, Instruction Cards and Stationery. 

Section 80. Official ballots for elections. 

81. Form of general ballot. 

82. Form of ballot for questions submitted. 

83. Sample ballots, instruction cards and stationery. 

84. Blank forms for election officers. 

85. Number of official ballots. 

86. Officers providing ballots and stationery. 

87. Distribution of ballots and stationery. 

88. Errors and omissions in ballots. 

89. Unofficial ballots. 

§ 80. Official ballots for elections. — Official ballots shall be 
provided at public expense at each polling place for every election 


56 


Election Cole. 


at which public officers are to be elected directly by the people, except an election 
of school district officers or school officers of a city or village at which no oilier 
public officer is to be elected, and except an election of officers of a tire district 
outside of cities and incorporated villages, at which excepted elections any form, 
of ballots which may be adopted and used by the meeting at which such election 
shall be had shall be legal. 

Ain’d ch. 609, 1897. In effect May 19, 1897. 

§ 81. Form of general ballot. — There shall be provided at each 

polling place at each election at which public officers are voted 
for, but one form of ballot for all the candidates for public office, 
and every ballot shall contain the names of all the candidates 
wfiiose nominations for any office specified on the ballot have been 
duly made and not withdrawn, as provided in this act, together 
with the title of the office arranged in tickets under the titles of 
the respective political parties or independent bodies, as certified 
in the certificates of nomination. All ballots shall be printed in 
black ink on clear white, book paper, free from ground wood, five 
hundred sheets of which, twenty-five by thirty-eight inches in 
size, shall weigh sixty pounds, and which shall test for that size 
and weight at least twenty points on a Morrison tester. Every 
such ballot printed in accordance with the provisions of this act, 
shall contain a party device for each political party represented 
on the ticket in accordance with the provisions of section fifty-six 
of this act. The arrangement of the ballot shall, in general, con¬ 
form as nearly as practicable to the plan hereinafter given. The 
lists of candidates of the several parties shall be printed in par¬ 
allel columns, each column to be headed by the chosen device 
of such party, and the party name or other designation in such 
order as the secretary of state may direct, precedence, however, 
being given to the party which polled the highest number of 
votes for governor at the last preceding general election for such 
officer, and so on. The number of such columns shall exceed by 
one the number of separate tickets of candidates to be voted for 
at the polling place for which the ballot is provided, except as 
otherwise provided in this section. The party name shall be 
printed in display, the name or designation of the office in bre¬ 
vier lower case, and the name of the candidate therefor in brevier 
capital type. The title of the office, together with the name of 
the candidate therefor shall be printed in a space one-half inch 
in depth, and at least two inches in width defined by light hori¬ 
zontal ruled lines, with a blank space on the left thereof, one- 
fourth of an inch wide, inclosed by heavier dark lines, which 
space (called the voting space) shall be of the same depth as the 
space containing the title of the office and the name of the can- 
^ didate; provided, however, that when two or more persons are to 


Election Code. 


57 


be voted for, for the same office, for the same term, on the same 
party ticket, as for instance, presidential electors, the title of the 
office shall be printed in the first space only, which space shall 
be half an inch in depth and the several spaces in which only 
such candidates’ names are printed, and the voting* spaces to 
the left thereof, shall each be one-fourth of an inch in depth 
between the horizontal ruled lines. On the right of each ballot 
shall be a column in which shall be printed only the titles of the 
offices for which candidates may be voted for by the electors at 
the polling place for which the ballot is printed. Such column is 
designated as the “ blank column,” and in such column the vot¬ 
ing spaces shall be omitted, but in all other respects such blank 
column shall be a duplicate of the political party columns upon 
such ballot. In the space in such column above the heavy ruled 
line shall be printed in great primer Roman condensed capitals 
the words “ blank column,” and below such words shall be 
printed in brevier capital type the following: “ The elector may 
write in the column below, under the title of the office, the name 
of any person whose name is not printed upon the ballot, for 
whom he desires to vote.” At elections at which presidential 
electors are to be voted for, the names of the candidates for presi¬ 
dent and vice-president shall be placed on the ticket immediately 
below the name of the party making the nominations, and above 
the heavy ruled line preceding the names of the presidential elect¬ 
ors, and shall be printed in type known as great primer Roman 
condensed capitals. The heading of each party ticket, including 
the name of the party, the device above, and the circle between 
the device and such name, shall be separated from the rest of 
the ticket by a heavy printed line, and the circle above the name 
of the party shall be defined by heavier lines than the lines de¬ 
fining the blank spaces before the names of candidates, and such 
circle shall be surrounded by the following, printed in heavy 
faced nonpareil type: “ For a straight ticket, mark within this 
circle.” Provided, however, that in the case of nominations pro¬ 
vided for in section fifty-seven of this act, designated as “ inde¬ 
pendent nominations,” the ballot shall be so arranged that at the 
right of the last column for nominations designated in section 
fifty-six as “ party nominations,” the several tickets of the names 
of the candidates independently nominated shall be printed in 
one or more columns according to the space required, having 
above each of the tickets the political or other name selected to 

8 


58 


Election Code. 


designate such independent nominations, and the circle and also 
the device or emblem to represent and distinguish the candidates 
of the several independent bodies making such nominations. 
The independent tickets occupying the same column shall be 
separated from each other by a solid black line one-eighth of an 
inch wide. At the top of the column, and above the first emblem 
in each of such columns for independent nominations, shall be 
printed in type known as great primer Roman condensed capitals 
the words “ independent nominations.” Each column upon the 
ballot shall be bordered on either side by a broad solid printed 
line one-eighth of an inch wide and the edge of the ballot on 
either side shall be trimmed off up to the border or solid line 
described. The ballots shall be so printed as to give each elector 
a clear opportunity to designate by a cross X mark in a large 
blank circle three-quarters of an inch in diameter, below the 
device, and above the name of the party at the head of the ticket 
or list of candidates, his choice of a party ticket and desire to 
vote for each and every candidate thereon, and by a cross X mark 
in a blank inclosed space, heretofore designated as the voting 
space, on the left of and before the name of each candidate, his 
choice of particular candidates. The ballot shall be printed on 
the same leaf with a stub, and separated therefrom by a perfor¬ 
ated line. The part above the perforated line designated as the 
stub shall extend the entire width of the ballot, and shall be of 
sufficient depth to allow the instructions to voters to be printed 
thereon, such depth to be not less than two inches from the per¬ 
forated line to the top thereof. Upon the face of each stub 
shall be printed in type known as brevier capitals the following: 

“ This ballot should be marked in one of two ways with a pen¬ 
cil having black lead. To vote a straight ticket, make a cross X 
mark within the circle above one of the party columns. To vote 
a split ticket, that is, for candidates of different parties, the 
voter should make a cross X mark before the name of each can¬ 
didate for whom he votes. If the ticket marked in the circle for 
a straight ticket does not contain the names of candidates for 
all offices for which the elector may vote, he may vote for can¬ 
didates for such offices so omitted, by making a cross X mark 
before the names of candidates for such offices on another ticket, 
or, by writing the names, if they are not printed upon the ballot, 
in the blank column under the title of the office. To vote for a 
person not on the ballot, write the name of such person under the 


Election Code. 


59 


title of the office in the blank column. Any other mark than 
the cross X mark used for the purpose of voting or any erasure 
made on this ballot, makes it void, and no vote can be counted 
hereon. If you tear, or deface, or wrongly mark this ballot, re¬ 
turn it and obtain another.” 

On the back of the ballot, below the stub, and immediately at 
the left of the center of the ballot, shall be printed in great 
primer Roman condensed capitals the words: “Official ballot 
for,” and after the word “ for ” shall follow the designation of 
the polling place for which the ballot is prepared, the date of 
the election, and a fac simile of the signature of the officer who 
has caused the ballots to be printed. Ballots for town meetings 
not held at the same time with a general election shall be in¬ 
dorsed “ Town,” and for village elections, “ Village.” On the 
back of the stub, and immediately above the center of the in¬ 
dorsement upon the back of the ballot, shall be printed the con¬ 
secutive numbpr of the ballot beginning with “ No. 1,” and in¬ 
creasing in regular numerical order. All of the official ballots 
of the same sort prepared by any officer or board for the same 
polling place, shall be of precisely the same size, arrangement, 
quality and tint of paper, and kind of type, and shall be printed 
with black ink of the same tint, so that when the stubs numbered 
as aforesaid shall be detached therefrom, it shall be impossible to 
distinguish any one of the ballots from the other ballots of the 
same sort, and the names of all candidates printed upon the bal¬ 
lot shall be in type of the same size and character. If two* or 
more officers are to be elected to the same office for different 
terms, the term for which each is nominated shall be printed 
upon the ballot as a part of the title of the office. If at a general 
election one representative in congress is to be elected for a full 
term and another to fill a vacancy, the ballots containing the 
names of the candidate shall, as a part of the title of the office, 
designate the term to fill which such candidates are severally 
nominated. When no nomination has been made by a political 
party, as designated by section fifty-six, for an office to be filled 
at the election, the title of such office shall be printed in such 
party column, and underneath such title shall be printed in bre¬ 
vier capital type the words “ No nomination.” No ticket or list 
of candidates shall be printed, under the name of any political 
party or independent body which contains more candidates for 
any office than there are persons to be elected to such office. 


60 


Election Code. 


Under the laws in force, governing the conduct of elections and tlie manner of 
voting, prior to the legislation of 1890, ballots could be counted for the candidate 
for whom they were cast, though they did not, in all respects, correspond with 
the direction of the statute; and, after being deposited in the box, could not, 
probably, be rejected in any case, by the canvassers or the court, if the intention 
of the voter was sufficiently expressed. People ex rel. Nichols v. Board, etc., 
129 N. Y. 395. 

Any construction of the present statute which will permit ballots to be cast and 
counted that contain any caption or word that will reveal the way the voter using 
them voted, should be avoided as contrary to the true policy aud intent of the 
law. Id. The idea at the very foundation of the law is secrecy. Id. 

The endorsement upon an official ballot is an essential part of the machinery 
of elections by means of which the secrecy of voting is to be secured and en¬ 
forced. Id. This endorsement is to be precisely the same on all the ballots used 
at the same polling place or election district. Id. A different, distinct or pecu¬ 
liar endorsement upon the ballots, or any of them, used by any party or candi¬ 
date, or set of candidates, will remove all secrecy from the act of voting, as to 
the electors who use ballots with such an endorsement, and thus the fundamental 
purpose of the law will be defeated. Id. Upon all the official ballots used at 
any polling place, there shall be printed in the same manner the same endorse¬ 
ment, and the designation or number of the election district in the endorsement 
shall be precisely the same. Id. In all cases, such designation or number shall 
be that of the polling place or election district where the vote is offered, and no 
other. Id. Where the ballots are not endorsed with the number of the election 
district in which they are used by the electors, as required by the statute, but 
are, in fact, endorsed with the number of auother district, they cannot lawfully 
be counted for the candidate for whom they are cast, but should be excluded 
from computation by the canvassers. Id. It is the duty of the election officers, 
when offered one of these ballots, prepared for and endorsed with the designa¬ 
tion or number of another district, to refuse it. Id. The canvassers must reject, 
and treat as void, all such ballots when found in the ballot box. Id. Though 
these ballots may have been misplaced by design or some preconcerted arrange¬ 
ment beween the county clerk and the candidates whose names appear thereon, 
or some of them, they must not, nevertheless, be counted. Id. The act does not 
regard the motives of those who violate the law by improperly endorsing ballots, 
but condemns the act and prescribes the punishment for its commission, what¬ 
ever may have been the cause or motive for its perpetration. Id. The rejection 
must necessarily follow the commission of the prohibited act, whatever may have 
been the ignorance or intention of the voter, or any other person connected with 
the act of voting, for the canvassing officers are imperatively directed not to re¬ 
ceive or count the improperly endorsed ballot. Id. See, further, Commonwealth 
v. Woelper, 3 S. & R. 29; West v. Ross, 53 Mo. 350; Oglesby v. Sigman, 56 Miss. 
502; States. McKinnon, 8 Ore. 493; Reynolds v. Snow, 67 Cal. 497; Talcott v. 
Pliilbrick, 59 Conn. 472; Fields v. Osborne, 21 Atl. 1070; In re Vote Marks, id. 
962; Ledbetter v. Hall, 62 Mo. 422: Perkins v. Carraway, 59 Miss. 222; Steele v. 
Calhoun, 61 id. 556. 

The present act has changed the place for printing the designation of the poll¬ 
ing place from the back of the ballot to the lace of the stub, section 81, but the 
principle of law remains the same. 

The nominations of candidates for all offices to be chosen at a general election 
in pursuance to statute, must be made and filed in accordance with the methods 
prescribed for general elections. Matter of McLaren v. County Clerk, etc., 34 
N. Y. St. Rep. 634. In such case, the county clerk must place the duly nomi¬ 
nated candidates for these offices upon the official ballots which he prepares for 
such election districts. Id. In the case cited, it was so held in respect to candi¬ 
dates for the office of police commissioners for the village of West Troy, whose 
charter provides that its police commissioners shall be elected at the general elec¬ 
tion. Id. 

Under this section, the ballots that are deposited in any box except that 
in which the ballots for town officers were deposited, should not be counted. 
Montgomery v. O’Dell, 51 St. Rep., 444. 

This statute was not intended to prevent the voter from voting for any candi¬ 
date whom he chose, though such candidate was not nominated by any particular 
party, Id. Such a ballot is valid when affixed to the regular official ballot. 


Election Code. 


61 


whether the candidate was regularly nominated or not, and though the 
statute forbids the clerk from putting any name on the official ballot 
except those nominated and certified as having been made by a political 
convention or by the certificate mentioned in section 57. Id. The plan 
contained in the Ballot Reform Act is a provision for the printing of an 
official ballot at the public expense, a feature well designed to secure the 
desired secrecy and independence of the ballot. Id. 

Under this law, where no certificate of the nomination of candidates for 
the offices to be voted for was filed with the clerk, ballots printed and fur¬ 
nished by him, containing all the names of the candidates, except one, and 
used and treated as official ballots by the electors, should be regarded and 
treated as valid, and a vote for the candidate whose name was omitted, 
pasted on such ballot, considered valid. Id. 

When the inspectors of election fail to certify the election of any person 
to fill an office, and one candidate receives the only valid vote cast, it is 
sufficient to give him an apparent authority or color of title to the office. 
Id. 

Chap. 214 of 1892, authorizing women to vote for the office of school 
commissioner, is in violation of § 1, art. 2 of the State Constitution. Matter 
of Gage, 5 Misc. 375; 141 N. Y. 112. Women, therefore, are not entitled to 
vote for such office. Id. 

The directions as to official ballots and the form of such ballots are 
not general. Matter of Taylor (Sup. Ct., 2 D., 1890), 3 App. Div. 244. 

If there are no public officers to be elected by the people at an election, 
no official ballots are prescribed, and there is no requirement that the 
ballots voted shall be of any particular character. Id. The whole of 
article 4 of the Election Law is limited to elections at which public 
officers are to be elected. Id. 

No names can be legally printed on an official ballot under a party 
name and emblem, other than those of candidates who have been duly 
nominated and certified by such party for the offices designated. Matter 
of Madden, 148 N. Y. 136. Under the Election Law of 1892. separate 
ballots were required to be furnished for the nominations of the party 
as certified. Id. But, under the amendment of 1895, the blanket ballot 
was adopted as the form of the official ballot. Id. The device or the 
party emblem to be placed at the head of each party ticket or independent 
nomination, given with the party designation, were provided for by the 
act, and, in case of what are called party nominations, the names of each 
party are required to be printed in a separate column under the party 
name and emblem. Id. They are to be “ arranged in tickets or lists 
under the respective party, or political or other designation certified.” 
Id. The right to a column depends upon a nomination having been made 
and certified. Id. The statute does not permit a voter to write in the 
blank column of the ballot the name of a person for whom he desires to 
vote if his name is printed in any of the lists in connection with the 
same office. Id. 


62 


Election Code. 


It was the intention of the Election Law of 1895 to spread before the 
voter the names of the various persons for whom he is called upon to vote, 
and he is allowed to vote a straight party ticket or a straight independent 
ticket or an eclectic ticket, as he sees fit. Fernbaclier v. Roosevelt (Sup. 
Ct., 1 D., 1895), 90 Hun, 441. The devices or emblems were resorted to 
in order to enable the illiterate voter to attain these ends. Id. It was 
the intention of the law that there should be a single column for a single 
party and a single device at the head of that column, so that the voter 
who desires to vote a straight ticket may vote the ticket under that col¬ 
umn. Id. The certificates of nomination relative to State offices, and 
the emblem which is to head the ticket nominated, must be filed with the 
Secretary of State. Id. Where the convention of a party has been regu¬ 
larly called, has made its nominations and has sent its certificates to the 
Secretary of State, containing the emblem of that party, that device con¬ 
trols and must head the nominations of that party. Id. Where there 
are several factions of a party in one county, the State convention decides 
which faction is regular, and because of such decision as to its regularity, 
that one faction becomes entitled to the sole use of the party emblem 
for its local candidates. Id. The State party can have but one emblem, 
and that, so far as the candidates of the State party are concerned, is 
controlling upon all the local factions within the party. Id. The ticket 
of each party for State officers must be in the single column and headed 
by such party’s chosen emblem. Id. Where an independent party, or a 
faction, or an individual, claims the right to be upon the State ticket, 
it or he must make the nomination in the manner prescribed ;>y the stat¬ 
utes, and file his certificate with the Secretary of State, who is the sole 
source of information to the county officers as to the persons who have 
been put in nomination for State offices. Id. An independent party may 
nominate the same individuals, but it must nominate them as an 
independent party, place them under its device and list them under its 
ticket. Id. Where the local faction files a certificate with the board of 
police examiners relative to local nominations, with the notice that it has 
indorsed certain state nominations, this is not a compliance with the 
statute and does not constitute the legal nomination of any person in their 
behalf, for the State office. Id. Where the Secretary of State has certi¬ 
fied the nominations in the order in which they have been received by 
him, and in which they are entitled by the provisions of the law to be put 
upon the ballot, the police commissioners cannot ignore that certificate. 
Id. 

By this section, it is provided that the tickets or lists of candidates of 
the various parties shall be printed in parallel columns, headed by the 
chosen device and party name or other designation, in such order as the 
Secretary of State shall direct. Fembacher v. Roosevelt (Sup. Ct., 
Chambers, 1895), 14 Misc. 199. The plain intent of the legislature, as to 
nominations and emblems for State candidates, was to restrict the con¬ 
tents of the ballot to those candidates whose names had been legally filed 


Election Code. 


G3 


in the Secretary of State’s office, and by him certified to local officials, 
together with the emblems. Id. The certificate of the Secretary of State 
as to the names of candidates for State offices, emblems of parties and the 
order of position on the ballot, is binding on the board of police commis¬ 
sioners, and the board has no power to allow the State ticket of the party 
to be printed in a separate column under the emblem of the local organiza¬ 
tion in connection with the local ticket of such organization. Id. There 
is no authority, either expressed or implied, to be found in the Election 
Law, giving the board of police commissioners the right or semblance of 
the right to reverse, affect, nullify or interfere with the official action of 
the Secretary of State, shown by his certificate. Id. 

This section provides that all nominations shall be printed upon one 
ballot, in parallel columns, and that the ticket, or lists of candidates, of 
each party shall be put in a separate column. Matter of Hirsh (Sup. Ct., 
Sp. T.), 14 Misc. 377. The law casts upon the county clerk the duty of 
combining allied nominations and of thereby making up the tickets and 
the ballots from the certificates of nomination. Id. The State cannot 
take on itself the providing of the only ballots which the voters may use, 
and then disfranchise them for using the ballots which it furnished. Id. 
Election officers cannot by their mistakes, or even by their misconduct, 
disfranchise voters. Id. If there is any exception to this rule, it arises 
out of the unsurmountable obstacles of the particular case. Id. 

§ 82 . Form of ballot for questions submitted.— Whenever the 
adoption of a constitutional amendment or any other proposition 
or question is to be submitted to the vote of the electors of the 
state, or of any district thereof, a separate ballot shall be pro¬ 
vided by the same officers who are charged by law with the duty 
of providing the official ballots for candidates for public office. 
Such ballots shall comply with the requirements for official bal¬ 
lots for candidates for public office, in so far as such require¬ 
ments are applicable thereto. Under the perforated line shall 
be clearly printed, in brevier lower case type, the question of the 
adoption of the constitutional amendment or other proposition 
or question upon which the electors within the district for which 
such ballot is provided may lawfully vote. If there be more 
than one constitutional amendment or proposition or question to 
be submitted to the voters of that district, the different amend¬ 
ments or propositions or questions shall be separately numbered 
and printed, and separated by a broad solid line one eighth of an 
inch wide. Opposite and before each such amendment, question 
or proposition so submitted, shall be printed two squares inclosed 
in ruled lines, one above the other. Preceding the upper one of 
such squares shall be printed the word “ Yes,” and preceding the 


64 


Election Code. 


lower one of such squares shall be printed the word “ No.” At 
the top of each such ballots, immediately above the perforated 
line, shall be printed in brevier capital type the following- words 
only: “ Notice to electors. For an affirmative vote upon any 
question submitted upon this ballot, make a cross X mark in 
the square after the word ‘ Yes.’ For a negative vote, make a 
similar mark in the square following the word ‘ No.’ ” All such 
ballots for the same polling place shall be of the same color and 
size, and similarly printed, so that, after the removal of the stub, 
which shall be numbered as in cases of ballots for candidates for 
public office, it shall be impossible to identify or distinguish any 
one of such ballots from the others. On the back of each such 
ballot, below the stub, shall be printed in addition to the indorse¬ 
ment as prescribed for general ballots, the words “ Questions 
submitted,” so as to distinguish the said ballots from the official 
ballots for candidates for office. 

This section, as amended by chapter 810 of 1895, directs that whenever 
a constitutional amendment or other proposition or question is to be sub¬ 
mitted to the vote of the electors of this State or of any district thereof, a 
separate ballot shall be provided by the same officers who are charged by 
law with the duty of providing the official ballots for candidates for 
public office. Matter of Taylor (Sup. Ct., 2 D., 1896), 3 App. Div. 214. 
Such ballots shall comply with the requirements for official ballots for 
candidates for public office in so far as such requirements are applicable 
thereto. Id. This section may be well limited to elections at which public 
officers are to be elected. Id. 

§ 83. Sample ballots and stationery.— Sample ballots, equal in 
number to twenty-five per centum of the number of official ballots 
provided therefor, shall also be provided for every polling place 
for which official ballots are required to be provided. Such 
sample ballots shall be printed on paper of a different color from 
the official ballot, and without numbers on the stubs, but shall, 
in all other respects, be precisely similar to the official ballots to 
be voted at that polling place. One of such sample ballots shall, 
at any time on the day of election, be furnished upon application 
to any elector entitled to vote at that polling place, and may be 
taken by him away from such polling place before receiving his 
official ballot or ballots. Twelve instruction cards, printed in 
English, and twelve printed in each of such other languages as 
the officer or officers charged with providing them shall deem 
necessary, shall also be provided for each such polling place, con- 


Election Code. 


G5 


taming in clear, large type, full instructions for the guidance of 
electors in obtaining ballots for voting, in preparing their ballots 
for deposit in the boxes, in returning their ballots to the ballot 
clerks, and in obtaining new ballots in place of those returned, 
and, in smaller sized type, a copy of each of the sections of the 
penal code relating to crimes against the elective franchise. 
There shall also be provided two poll-books, a suitable number 
of markers, designated as “ distance markers,” to indicate the 
distance of one hundred feet from the polling place, two tally 
sheets and three complete election return blanks for the use of 
inspectors and ballot clerks in the forms hereinafter provided, 
heavy manilla envelopes for statements and returns, sealing wax, 
pencils having black lead only, pens, penholders, blotting paper 
and ink. All such articles herein enumerated are hereby desig¬ 
nated as “ stationery.” 

§ 84. Blank forms for election officers. — The officers charged 
with the duty of furnishing official ballots shall furnish to the 
board of inspectors of each election district, two tally sheet 
blanks, three ballot return sheet blanks, three election return 
sheet blanks, one of which shall be indorsed “ original return,” 
the other “ copies of the original return,” three blanks for the 
report of assisted and challenged electors, which blanks shall be 
delivered to such board of inspectors as elsewhere provided. 

Tally sheets.— The tally sheet blanks shall be printed as nearly 
as possible in the following form: 

0 


(Form No. 34. Section 84.) 

Tally Sheet. 


66 


Election Code 


























































Election Code. 


67 


Tally sheets.— The tally sheet blanks shall be as nearly as 
possible in the following form: At the extreme left of such 
sheet there shall be a column headed “ List of offices/’ in which 
shall be printed the titles of all the offices printed upon the official 
ballot, and in the same order. Each office shall be separated by 
a heavy ruled line running the full width of such sheet. There 
shall be printed thereon, in separate columns under the name of 
the respective parties the tickets of all the parties as they appear 
on the official ballot, so that the names of all candidates for the 
same office shall be upon the same line. Opposite and to the 
right of each party or independent ticket or list of candidates, 
shall be a column headed “ Number of votes cast, and counted 
for each candidate on straight ballots,” in which column and 
opposite every name, shall be entered the number of straight 
party votes counted (which number is the same for every candi¬ 
date of that party). To the right of such column there shall be 
another column headed, “ Number of votes cast and counted for 
each candidate on split ballots,” and in such column there shall 
be entered by single marks, grouped into five marks, the votes 
canvassed for such candidates on the split ballots. To the right 
of such column shall be another column headed, “ Total number 
of votes cast and counted for each candidate,” in which shall be 
entered, opposite the name of each candidate, the total number of 
votes cast and counted for such candidate on both straight and 
split ballots. To the right of the last column for entering the 
total vote cast for candidates of any party, shall be a column 
headed, “ Total number of ballots not wholly blank, on which no 
vote was counted for the following offices,” and in such column 
shall be entered opposite the titles of the respective offices, by 
single marks, the number of ballots on which no vote was cast 
for any candidate for such office. To the right of such column 
shall be another column headed, “ Total number of wholly blank 
ballots,” in which column shall be entered opposite the title of 
each office the number of ballots found to be wholly blank. To the 
right of such column shall be another column headed, “ Total 
number of void ballots,” in which column shall be entered 
opposite each title of each office the number of ballots which were 
rejected as void. At the extreme right of such sheet there shall 
be a column headed, “ Total number of ballots accounted for,” in 
which shall be entered opposite each office the sum of the total 
vote cast for all candidates for the office, together with the num¬ 
ber of ballots not wholly blank, on which no vote was counted for 


68 


Election Code. 


that office, the total number of wholly blank, and the total num¬ 
ber of void ballots, and the votes cast, if any, for candidates for 
such office whose names are not printed upon the ballot. Such 
sum must equal the number of ballots voted, as shown by the 
ballot clerks’ return of ballots, and if it does not, there has been 
a mistake in the count, and the ballots must be recounted for such 
office. In case a person is voted for whose name is not printed 
on the ballot, the poll clerks, who shall keep the tally sheets, shall 
enter such name and the votes therefor on the tally sheet. The 
method of counting the votes shall be as provided in section one 
hundred and ten of the election law, 

Sample. 

Form of ballot return to be prepared by the ballot clerks, 
and attached to the original statement of canvass made 
by the inspectors and to each copy, in compliance with 
subdivision two of section one hundred and three of the 
election law: 

1. The number of full sets of official ballots furnished to 

election district number (five) of the (town of Canan¬ 
daigua), county of (Ontario), were. 800 

2. The number of sets of official ballots cancelled before 

delivery to voters by reason of one or more of the set 
being found defective in printing or mutilated, all of 


which were destroyed by us, were. 5 

3. The number of sets of official ballots spoiled and re¬ 

turned by voters, all of which were destroyed by us, 
were . 10 

4. The number of sets of official ballots returned to the 

county clerk or other officer, unused, were. 300 

5. The number of sets of official ballots actually voted 

were . 485 


6. Total sets of official ballots accounted for are. 800 

\ - 

7. The number of sets of detached stubs were. 500 

8. The number of sets of stubs on unused ballots were.... 300 


9. The total sets of stubs accounted for are. 800 


We hereby certify that the foregoing ballot return for election 
district number (five) of the (town of Canandaigua), county of 



















Election Code. 


69 


(Ontario), for tlie election held November (5th, 1S95), is correct. 

(Signed.) . 


Ballot Clerks. 

Sample. 

Inspectors’ returns and statement of canvass.— Original 
official statement of the result of a (general) election, 
held on the (fifth) day of November (1895), in the (fifth) 
election district of the (town of Canandaigua), county of 
(Ontario), state of New York, made by the inspectors of 
election in and for said district, which return is made as 
provided in section one hundred and eleven of the elec¬ 
tion law. 

RETURN OF BALLOTS VOTED. 

1. The whole number of general ballots actually voted, as 
verified by the return of the ballot clerkc attached 


hereto were (four hundred and eighty-five). 485 

2. The number of general ballots cast and found to be en¬ 
tirely blank, all of which were returned by us to the 
ballot box, were (five). 5 


3. The number of general ballots cast which were rejected 

bv us as “ void ” and on which no vote was counted 

t/ 

for any candidate, all of which are in the sealed 
package returned herewith, and on each of which 
ballot is indorsed the reason for such rejection, were 
(ten) . 10 

4. Tho number of general ballots cast on which votes were 

counted for one or more candidates, all of which were 
returned to the ballot box (except those protested as 
being marked for identification), were (four hundred 


and seventy). 470 

5. The total number of ballots accounted for by us are... 485 


We certify the foregoing statement Df ballots voted is correct 
in all respects. 

Dated, this (fifth) day of November, (1895). 


Board of Inspectors. 

















70 Election Code. 

Statement and Return of the Votes for the Office of (Governor), 


1. The number of ballots cast on which votes were counted 

for any candidate for office were (four hundred and 
seventy) . 470 

2. The number of ballots cast and counted on which there 

was no vote for the office of (governor) were (five). ... 5 

3. The whole number of ballots on which votes were 

counted for the office of (governor) were (four hundred 
and sixty-five). 465 

4. Of which (Levi P. Morton) received (three hundred). 300 

5. (David B. Hill) received (one hundred and sixty-five)_ 165 


Total . 465 


Statement and Return of the Votes for the Office of (Lieuten¬ 
ant-Governor). 

1. The whole number of ballots cast on which votes were 

counted for any candidate for office were (four hun¬ 
dred and seventy). 470 

2. The number of ballots cast and counted on which there 

was no vote for the office of (lieutenant-governor) were 
(seven) . 7 

3. The whole number of ballots on which votes were 

counted for the office of (lieutenant-governor) were 

(four hundred and sixty-three). 463 

4. Of which (Charles T. Saxton) received (three hundred 

and three). 303 

5. (William F. Sheehan) received (one hundred and sixty).. 160 


Total . 463 


Statement and Return of the Votes for the Office of (County- 

Clerk). 

1. The whole number of ballots cast on which votes were 

counted for any candidate for office were (four hun¬ 
dred and seventy). 470 

2. The number of ballots cast and counted on which there 
) was no vote for the office of (county clerk) were (ten).. 


10 
























Election Code. 


71 


3. The whole number of ballots on which votes were 
counted for the office of (county clerk) were (four hun¬ 
dred and sixty).... 460 


4. Of which (John Doe) received (three hundred and 

fifteen) .. 315 

5. (Richard Roe) received (one hundred and forty-five).... 145 


Total .. 460 


The number of general ballots “ protested as marked for identi¬ 
fication ” (all of which are in the sealed package returned here¬ 
with together with the void ballots) each of which have been 
indorsed by us “ protested as marked for identification,” the 
mark or marking to which objection was made being specified 
upon the back of each such ballot, and all of which were counted 
for the several candidates voted thereon in the foregoing returns, 

were (three).(3) 

But such number does not include anv ballot which was re- 

c/ 

jected by us as void. Such void ballots are included in our 
return as “ void ” ballots on which no vote for any candidate was 
counted and are marked upon the back thereof “void” and in¬ 
dorsed with the reason for so declaring them. They are in the 
sealed package returned herewith together with the ballots 
“ protested as being marked for identification.” 

We certify the foregoing statement is correct in all respects. 
Dated, this (fifth) day of November, (1895). 


Board of Inspectors. 

Note.— A similar certificate is to be made at the bottom of 
each sheet or half sheet of this return. If ballots are voted on 
any constitutional amendment or question or proposition sub¬ 
mitted, a similar return is to be included. Two certified copies 
of this original statement and return are to be made. 

Blank for the Report of Assisted and Challenged Electors. 

Three blank statements in the following form shall also be fur¬ 
nished to each board of inspectors, which shall, at the close of the 
election, be filled by them, and one original statement shall be 















72 


Election Code. 


attached to the original return, and a copy thereof to each copy 
of the original return. 

1. The names of persons who were challenged, and the challenge 

not withdrawn, were.. in all, three.(3) 

2. The names of persons who received assistance on account of 

physical disability, were., in all, five.(5) 

3. The names of persons who received assistance on account of 

being unable to write by reason of illiteracy, were ..... 

in all, two .(2) 

We certify the foregoing statement is correct. 

Dated this (fifth) day of November, 1895. 


Board of Inspectors. 

§ 85. Number of official ballots. — The number of official bal¬ 
lots of each kind to be provided for each polling place for each 
election to be held thereat, except a town meeting or village 
election held at a different time from a general election, shall 
be two times as many ballots as there were names of electors 
on the register of electors of such district for such election at the 
close of the fourth meeting for such registration. In cities of 
the first class the officer or board charged with the duty of fur¬ 
nishing official ballots shall furnish twice as many official ballots 
of each kind to be provided for such election as there are electors 
entitled to vote thereat, as nearly as can be estimated by such 
officer or board. When but two days of registration are required 
there shall be a number equal to two times the number of names 
upon the register at the close of the second meeting for registra¬ 
tion. The number of official ballots of each kind to be provided 
for each polling place for a town meeting or village or city elec¬ 
tion held at a different time from a general election, shall be 
two times the number of persons who will be entitled to vote 
thereat, as nearly as can be estimated by the officer charged with 
the duty of providing such ballots. 

§ 86. Officers providing ballots and stationery.—The clerk 
of each county, except those counties the whole of which are within 
The City of New York, shall provide the requisite number of 
official and sample ballots, cards of instruction, two poll books, 
distance markers, two tally sheets, inspectors’ and ballot clerks’ 












Election Code. 


73 


return sheets (three of each kind, and one of each to be marked 
“original”), pens, penholders, ink, pencils having black lead, 
blotting paper, sealing wax and such other articles of stationery 
as may be necessary for the proper conduct of the election, and the 
canvass of the votes, for each election district in such countv 
and not within The City of New York, for each election to be held 
thereat, except that when town meetings, city or village elections 
and elections for school officers are not held at the same time as a 
general election the clerk of such town, city or village, respectively, 
shall provide such official and sample ballots and stationery for 
such election or town meeting. And the police board of The City 
of New York shall provide such articles for each election to be 
held in said city. Each officer or board charged with the duty of 
providing official ballots for any polling place, shall have sample 
ballots and official ballots provided, and in the possession of such 
officer or board, and open to public inspection as follows: The 
sample ballots five days before the election, and the official ballots 
four days before the election for which they are prepared unless 
prepared for a village election or town meeting held at a different 
time from a general election, in which case the official ballot shall 
be so printed and in possession at least one day, and the sample 
ballots at least two days before such election or town meeting. 
During the times within which the same are open for inspection as 
aforesaid, it shall be the duty of the officer or board charged by law 
with the duty of preparing the same, to deliver a sample ballot of 
the kind to be voted in his district to each qualified elector who 
shall apply therefor, so that each elector who may desire the same 
may obtain a sample ballot, similar except as regards color and the 
number on the stub, to the official ballot to be voted at the polling 
place at which he is entitled to vote. 

The clerk must put a local party’s nominees on a ballot with the nomi¬ 
nees of the State party with which such loci\l party adheres in fact and in 
good faith, and to which it belongs. Matter of Wheeler, 10 Misc. 55. He 
must in the same manner associate on the same ballot all kindred party 
nominations through the various grades from State down to town. Id. 
Whether a particular party’s nominations are akin to any other party’s 
nominations, is in every case a question of fact. Id. Such questions are 
to be determined by the county clerk subject to review by the Supreme 
Court. Id. 

The duty in providing the official ballots for general elections is cast 
uoon the county clerks of the respective counties, with certain exceptions. 

10 


74 : 


Election Code. 


Matter of Madden, 148 N. Y. 136. He can only know officially, from th© 
certificates sent to him from the Secretary of State or those deposited with 
him, who have been duly nominated, and by what party or parties nomina¬ 
tions have been made. Id. No authority is conferred on the county 
clerk to insert any names hi the printed lists of candidates of any party 
except those whose nominations have been duly certified in accordance 
with the act. Id. The certificates of nomination are the only guide which 
the clerk is authorized to follow in making up the list, and he cannot 
insert in the column of “ the regular Democratic party ” any names whose 
nominations are not certified in its party certificate. Id. 

This section makes it the duty of the county clerk to prepare ballots for 
the election. Matter of Hirsh Sup. Ct., Sp. T., 1895), 14 Misc. 377. This 
he has to do from the certificates of nominations filed in his office in the 
case of county or less nominations and from the certificate to him by 
the Secretary of State of all nominations for offices to be voted for by the 
electors of the whole State, or of any district of the State larger than a 
county. Id. (See §§ 58, 60, ante.) This section also requires the county 
clerk to have sample ballots open to inspection and objection five days, 
and fac similes of the official ballots four days before election. Id. 

§ 87. Distribution of ballots and stationery.—The county 
clerk of each county except those counties which are wholly within 
The City of New York, shall deliver at his office to each town or 
city clerk in such county, except in New York city, on the Satur¬ 
day before the election at which they may be voted, the official and 
sample ballots, cards of instructions and other stationery required 
to be provided for each polling place in such town or city for such 
election. It is hereby made the duty of each such town or city 
clerk to call at the office of such county clerk at such time and 
receive such ballots and stationery. In The City of New York the 
board required to provide such ballots and stationery shall cause 
them to be delivered to the board of inspectors of each election 
district at least one-half hour before the opening of the polls on 
each day of election. Each kind of official ballots shall be arranged 
in a package in the consecutive order of the numbers printed on the 
stubs thereof, beginning with number one. All official and sample 
ballots provided for such election shall be in separate sealed 
packages, clearly marked on the outside thereof with the number 
and kind of ballots contained therein and indorsed with the designa¬ 
tion of the election district for which they were prepared. The 
instruction cards and other stationery provided for each election 
district shall also be enclosed in a sealed package or packages, with 
a label on the outside thereof showing the contents of each such 


Election Code. 


75 


package. Each such town and city clerk receiving such packages 
shall cause all such packages so received and marked for any 
election district to be delivered unopened and with the seals thereof 
unbroken to the inspectors of election of such election district 
one-half hour before the opening of the polls of such election 
therein. The inspectors of election receiving such packages shall 
give to such town or city clerk, or board, delivering such packages 
a receipt therefor specifying the number and kind of packages 
received by them, which receipt shall be filed in the office of such 
clerk or board. Town, city and village clerks required to provide 
the same for town meetings, city and village elections held at 
different times from a general election, and the board of The City 
of New York required to provide the same for elections held 
therein, respectively, shall in like manner, deliver to the inspectors 
or presiding officers of the election at each polling place at which 
such meetings and elections are held, respectively, the official bal¬ 
lots, sample ballots, instruction cards and other stationery required 
for such election or town meeting, respectively, in like sealed pack¬ 
ages marked on the outside in like manner, and shall take and file 
receipts therefor in like manner in their respective offices. 

The legislature also authorized what are called in the statute the 
Independent Nominations, to be made by the certificate signed and sworn 
to by a specified number of voters, the number required varying according 
to the character and locality of the offices to be filled. Matter of 
Madden, 148 N. Y. 13G. The contents of the official ballot, according to 
the scheme adopted, are determined by the certificates of nomination. Id. 

§ 88. Errors and omissions in ballots.— Upon affidavit, pre¬ 
sented by an elector, that an error or omission has occurred in 
the publication of the names or description of the candidates 
nominated for office, or in the printing of sample or official 
ballots, the supreme court, or a justice thereof, may make an 
order, requiring the county clerk or other officer or board charged 
with the duty in respect to which such error or omission occurs, 
to correct such error, or show cause why such error should not 
be corrected. The county clerk or such other officers or boards 
shall, upon their own motion, correct without delay any patent 
error in the ballots which they may discover, or which shall be 
brought to their attention, and which can be corrected without 
}jifpi’fpring with the timely distribution of the ballots to the 
inspectors for use at such election. 


76 


Election Code. 


The Election Law provides for the settling of all questions before the 
court in respect of ballots in relation to the election, and thereby pre¬ 
cludes the arising of such questions after election. Matter of Hirsh 
(Sup. Ct., Sp. T., 1895), 14 Misc. 377. Any voter may show T by affidavit 
to the Supreme Court or a justice thereof that the error or omission has 
occurred in the printing of the sample or official ballots; whereupon such 
court or justice is required to hear the case and cause the same to be 
corrected. Id. The statute thus provides for the establishing of the 
legality of the ballot in this respect before election by thus giving due 
notice and opportunity to everyone to be heard concerning such errors or 
mistakes. Id, 

§ 89. Unofficial ballots. — If the official ballots required to be 
furnished to any town or city clerk, or board, shall not be de¬ 
livered at the time required, or if after delivery shall be lost, 
destroyed or stolen, the clerk of such town or city, or such board, 
shall cause other ballots to be prepared as nearly in the form of 
the official ballots as practicable, but without the indorsement, 
and upon the receipt of ballots so prepared from such clerk or 
board, accompanied by a statement under oath that the same 
have been so prepared and furnished by him or them, and that 
the official ballots have not been so delivered, or have been so 
lost, destroyed or stolen, the inspectors of election shall cause 
the ballots so substituted to be used at the election in the same 
manner, as near as may be, as the official ballots. Such ballots 
so substituted shall be known as unofficial ballots. 

This section expressly makes it the duty of a town or city clerk to 
prepare substituted ballots where the regular ballots have been not 
delivered or have been lost or destroyed. People ex rel. Hirsh v. Wood, 
148 N. Y. 142. It only applies where official ballots should have been fur¬ 
nished and have not been furnished. Matter of Taylor (Sup. Ct., 2 D., 

1896), 3 App. Div. 244. 


ARTICLE Y. 

Conduct of Elections and Canvass of Votes. 

Section 100. Opening the polls. 

101. Persons within the guard rail. 

102. Watchers; challengers, electioneering. 

103. General duties of election officers. 

104. Delivery of ballots to electors. 

105. Preparation of ballots by electors. 

106. Manner of voting. 


Election Code. 


n 


Section 107. 
108. 

109. 

110 . 
111 . 
112 . 

113. 

114. 


When unofficial ballots may be voted. 

Challenge and oaths. 

Time allowed employes to vote. 

Method of canvass. 

Original statement of canvass and certified copiesi 
Proclamation of result. 

Delivery and filing of papers relating to the election. 
Judicial investigation of ballots. 


§ 100. Opening; the polls.— The inspectors of election, poll 
clerks and ballot clerks of each election district shall meet at 
the polling place therein at least one-half hour before the time 
set for opening the polls at each election for which official bal¬ 
lots are required to be provided, and shall proceed to arrange 
the space within the guard-rail and the furniture thereof, includ- 
ing the voting booths, for the orderly and legal conduct of the 
election. The inspectors of election shall then and there have 
the ballot boxes required by law for the reception of ballots to 
be voted thereat; the box for the reception of ballots found to 
be defective in printing or mutilated, before delivery to, and 
ballots spoiled and returned by electors; the box for the stubs 
of voted and spoiled ballots, the sealed packages of official bal¬ 
lots, sample ballots and instruction cards and distance markers, 
poll books, tally-sheets, return sheets and other stationery re¬ 
quired to be delivered to them for such election; and if it be an 
election at which registered electors only can vote, the register 
of such electors required to be made and kept therefor. The 
inspectors shall thereupon open the sealed packages of instruc¬ 
tion cards and cause them to be posted conspicuously, at least 
one, and if printed in different languages, at least one of each 
language, in each of the voting booths of such polling place, 
and at least three of each language in which they are printed 
in or about the polling place; shall open the sealed packages of 
official ballots and sample ballots, and place them in charge of 
the ballot clerks, and shall place the poll-books in charge of the 
poll clerks, and shall cause to be placed at a distance of one 
hundred feet from the polling place the visible markers desig¬ 
nated herein as “ distance markers,” to prohibit “ loitering or 
electioneering ” within such distance. They shall also, before 
any ballots are cast, see that the voting booths are supplied 
with pencils having black lead only, unlock the ballot boxes, 
see that they are empty, allow the watchers present to examine 


Election Code. 


78 

them, find shall lock them up again while empty in such manner 
that the watchers present and persons just outside the guard¬ 
rail can see that such boxes are empty when they are relocked. 
After such boxes are so relocked they shall not be unlocked o t 
opened until the closing of the polls of such election, and, except 
as authorized by law, no ballots or other matter shall be placed 
in them after they are so relocked and before the announcement 
of the result of such canvass and the signing of the original 
statement of canvass and the two certified copies thereof. The 
instruction cards and distance markers posted as provided by 
law shall not be taken down, torn nor defaced during such elec¬ 
tion. The ballot clerks, with the official and sample ballots; the 
inspectors, with such boxes and register of electors, and the poll 
clerks, with their poll-books, shall be stationed as near each 
other as practicable within such inclosed space. One of the in¬ 
spectors shall then make proclamation that the polls of the elec¬ 
tion are open, and of the time o’clock in the afternoon when 
the polls will be closed. 

§ 101. Persons within the guard-rail. — From the time of the 
opening of the polls until the announcement of the result of the 
canvass of the votes cast thereat, and the signing of the official 
returns or statement of such canvass and the copies thereof, the 
boxes and all official ballots shall be kept within the guard-rail. 
No person shall be admitted within the guard-rail during such 
period, except inspectors, poll clerks, ballot clerks, duly author¬ 
ized watchers, persons admitted by the inspectors to preserve 
order or enforce the law, persons duly admitted for the purpose 
of voting; provided, however, that candidates for public office 
voted for at such polling place may be present at the canvass of 
the votes. 

§ 102. Watchers; challengers; electioneering. — Each political 
party or independent body duly filing certificates of nomination 
of candidates for offices to be filled at any such election, may, by 
a writing signed by the duly authorized county, city, town or 
village committee of such political party or independent body, 
or by the chairman or secretary thereof charged with that duty 
and delivered to one of the inspectors of election, appoint not 
more than two watchers to attend each polling place thereof. 
Such committee, chairman or secretary thereof for a city, county 
town or village shall not appoint watchers for any polling place 
outside of such city, county, town or village, respectively. Such 
^watchers may be present at such polling place, and within the 


Election Code. 


Y9 

guard-rail, from at least fifteen minutes before the unlocking 
and examination of any ballot box at the opening of the polls 
of such election until after the announcement of the result of 
the canvass of the votes cast thereat, and the signing of the 
original statement of canvass and copies thereof by the inspect¬ 
ors. A reasonable number of challengers, at least one person of 
each such party or independent body, shall be permitted to 
remain just outside the guard rail of each such polling place, 
and where they can plainly see what is done within such rail 
outside the voting booths, from the opening to the close of the 
polls thereat. No person shall, while the polls are open at any 
polling place, do any electioneering within such polling place, 
or within one hundred feet therefrom, in any public street, or 
in any building or room or in a public manner, and no political 
banner, poster or placard shall be allowed in or upon such poll¬ 
ing place during any day of registration or of the election. 

§ 103. General duties of election officers. — Subdivision 1. 
One of the inspectors of election at each polling place shall be 
designated by the board of inspectors of election to receive the 
ballots from the electors voting; or if the majority of the in¬ 
spectors shall not agree in such designation, they shall draw lots 
for such position. If it be an election for which electors are 
required to be registered, the other inspectors shall before any 
ballots are delivered by the ballot clerks to an elector, ascertain 
whether he is duly registered. The ballot clerks shall not deliver 
any ballot to such elector until the inspectors announce that 
he is so registered. As each elector votes, the inspectors shall 
check his name upon such register and shall enter therein in the 
column provided therefor opposite the name of such elector, the 
consecutive number upon the stub of the ballot or set of ballots 
voted by him. The inspector shall forthwith upon detaching 
the stub from any official ballot deposit the same in the box 
provided for detached stubs. In all proceedings of the inspectors 
acting as registrars, inspectors or canvassers, they shall act as 
a board, and, in case of a question arising, as to matters which 
may call for a determination by them, a majority of such board 
shall decide. 

Inspectors of election are mere ministerial officers. Matter of Sherwood v. 
State Board, etc., 129 N. Y., 360; People ex rel. Stapleton v. Bell, 119 id., 175; 
Same v. Same, 27 N. Y. State Rep., 39; People v. Pease, 27 N. Y., 45. 

When a proposed elector satisfies the statutory demands upon him for oaths 
; and answers to certain questions, they are bound, under the statute, to receive 
[ and deposit his vote. People ex rel. Stapleton v. Bell, 119 N. Y., 175. _Tlie duty 


80 


Election Code. 


of the Inspectors is discharged when they have required the challenged voter to 
submit to the tests prescribed. Id. They are not authorized to refuse to sign 
the election returns, on the ground that votes were cast by persons who they 
knew or suspected were falsely personating registered voters, and that, upon 
challenge, their answers, though complying with the statute, were not satisfactory 
to the objecting inspectors. Id. In such case, they may be compelled to sign 
by a mandamus. Id. It is not essential to the reception of the ballot of a chal¬ 
lenged voter that it should be agreed to by a majority of the board. Id. Such 
ballot is finally received when the elector has satisfied the statutory tests and de¬ 
livered it to a single inspector, and any inspector may then deposit it in tha 
box Id. 

All the inspectors of election have equal power. People v. Van Slyck, 4 Cow., 
297. It is not necessary that one should be appointed to preside. Id.. 

Ballots containing only the Christian name of the nominee are sufficiently defi¬ 
nite to be accepted. People v. Pease, 27 N. Y., 45. 

The decision of the inspectors is final only as to receiving or rejecting votes. 
People v. Pease, 27 N. Y., 45. The question whether a voter was or was not 
entitled to vote, is open to examination, on competent evidence. Id. 

A failure to give the addition to a name, such as “ Jun.,” in a ballot, will not 
render it void. People v. Cook, 14 Barb., 259; 8 N. Y., 67. 

The inspectors of an election are not liable to an action, for refusing the votes 
of a qualified elector, without proof of malice, express or implied. Jenkins v. 
Waldron, 11 Johns., 114; Goetcheus v. Matthewson, 5 Lans., 315; reversed, 61 
N. Y., 420. 

Election officers, who reject a vote in consequence of the refusal of an elector, 
when challenged, to answer questions not having reference to his place of resi¬ 
dence and qualifications under the constitution, render themselves liable in dam¬ 
ages. Goetcheus v. Matthewson, 61 N. Y., 420. 

Subdivision 2. In addition to the duties hereinbefore enjoined 
upon them, the ballot clerks shall deliver official ballots to the 
electors in such order that the numerical order of the numbers 
printed on the stubs of the ballots so delivered, shall be the 
same as the order of the successive deliveries thereof, the ballot 
numbered one on the stubs being first delivered and so on. If, 
in addition to the general ballots there shall be a ballot con¬ 
taining a proposed constitutional amendment or other proposi¬ 
tion or question, the ballots shall be delivered to the electors 
in such order that the numbers upon the stubs of both ballots 
so delivered shall be the same. If, in a case where more than 
one ballot is to be voted, the elector shall spoil one of a set of 
ballots, and shall be entitled to receive a new set under the pro¬ 
visions of this act, he shall return the spoiled set to the ballot 
clerks before new ballots are furnished to him. In case one of 
a set of ballots bearing the same number shall be found defective 
in printing or mutilated before the same is given to the elector, 
both ballots of that number shall have the stubs removed there¬ 
from by the ballot clerks and such ballots shall be deposited in 
the box for spoiled and mutilated ballots, and the stubs in the 
box for detached stubs, and a memorandum shall be made by the 
ballot clerks of the number on such ballots and the fact that 
the set was not delivered to electors because defective in 


Election Code. 


81 


printing or mutilated. The ballot clerks shall, upon the de’ivery 
of official ballots to each elector, announce the elector’s name 
and the number printed on the stub of each ballot so delivered. 
Upon the return of a ballot or set of ballots to them unvoted 
by any elector, they shall announce the name of the elector re- 
% turning them and the printed number on the stubs cf the ballots 
so returned, and shall at once remove the stubs from such re¬ 
turned ballots and deposit such stubs in the box for detached 
stubs, and such ballots in the box for spoiled and mutilated 
ballots. A memorandum shall be made by them of the number 
on such ballots, and of the fact that they were returned spoiled 
by electors. They shall immediately upon the closing of the 
polls take from the box containing them the spoiled and muti¬ 
lated ballots, and after comparing the number thereof with the 
record of the same, made during the day, shall destroy them; 
and shall thereupon prepare and sign a written statement or 
return of ballots in the form provided for in section eighty-four 
of the election law. The original statement so made by them 
shall be attached to the original statement of the canvass made 
by the board of inspectors and a copy thereof to each copy of 
such original statement of canvass. They shall inclose all un¬ 
used ballots, and all detached stubs, in a sealed package, and 
deliver the same to the chairman of the board of inspectors. 

Subdivision 3. Each poll clerk at each polling place for which 
official ballots are required to be provided, shall have a poll-book 
,for keeping the list of electors Acting or offering to vote 
thereat at the election. Such book shall have six columns headed 
respectively, “Number of elector,” “Names of electors,” “Resi¬ 
dence of electors,” “Number on ballots delivered to electors,” 
“ Number on ballots voted,” and “ Remarks.” Upon each de¬ 
livery of an official ballot or set of official ballots by the ballot 
clerks to an elector, each poll-clerk shall enter upon his poll- 
book in the appropriate column, the number of the elector, in 
the successive order of the delivery of ballots thereto, the name 
of the elector, in the alphabetical order of the first letter of his 
surname, his residence by street and number, or if if have no 
street number, a brief description of the locality thereof, the 
printed number upon the stub of the ballots delivered to such 
elector, and the number on the ballots voted by him. If the 
ballot or set of ballots delivered to any elector shall be returned 
by him to the ballot clerk, and he shall obtain a new ballot or 
set of ballots, the poll clerks shall write opposite his name on 

11 


82 


Election Code. 


the poll-books, in. the proper column, the printed number on the 
stubs of such ballot or additional set of ballots. Each poll- 
clerk shall make a memorandum upon his poll-book opposite the 
name of each person who shall have been challenged and taken 
either of the oaths prescribed upon such challenge, or who 
shall have received assistance in preparing his ballot and shall 
also enter upon the poll-book opposite the name of such person 
the names of the election officers or persons who render such 
assistance, and the cause or reason assigned for such assistance 
by the elector assisted. As each elector offers his ballot or set 
of ballots which he intends to vote to the inspector, each poll- 
clerk shall report to the inspectors whether the number entered 
on the poll-book kept by him as the number on the ballot or set 
of ballots last delivered to such elector, is the same as the num¬ 
ber on the stub of the ballot or set of ballots so offered. As 
each elector votes, each poll clerk shall enter in the proper col¬ 
umn on his poll-book the number on the stub of the ballots 
voted. Upon the close of the polls of the election, the poll clerks 
and inspectors shall compare the poll-books with the registers 
and correct any mistakes found therein. The poll clerks shall 
also during the canvass of the votes, as prescribed by section 
one hundred and ten of the election law, make and complete the 
tally sheets of the votes in the form provided by section eighty- 
four of the election law. 

The poll list should be kept by the town clerk at a town meeting, or, m 
his absence, by such person as shall be chosen by the inspectors present, and the 
duties of the poll clerk should be performed by the members of the town board. 
People ex rel. Bradshaw v. Bidelman, 69 Hun, 596. 

VVhile the poll list should have been kept by the town clerk, or, in his absence, 
by such person as should have been chosen by the inspectors present, and the 
duties of the poll clerk should have been performed by the members of the town 
board, and the tickets should have been returned to the inspectors, and should 
have been by them placed in the box kept for such ballots, still the acts above 
detailed were irregularities merely, not operating to destroy the secrecy of the 
ballot or affecting the election. Id. 

In the case of People ex rel. Nichols v. Board, etc., 129 N. Y. 395, the 
county clerk had sent the ballots containing the names of candidates nominated by 
one of the political parties to an election district other than that for which they 
were numbered, where they were given out by the inspectors of election and 
voted by the electors. They could be distinguished from the ballots cast by the 
electors of the other political party. It was held that such ballots should not, 
and that the ballots having on them the proper numbers and district should be, 
counted. 

Though the law requires ballots to be numbered consecutively, still where bal¬ 
lots, properly indorsed and otherwise regular in form, except that their stubs are 
not consecutively numbered, have been voted, and the stubs detached, and the 
ballots cast into the box and their identity lost, there is no provision which pre¬ 
vents their being counted. People ex rel. Bradshaw v. Bidelman, ante. 

The number is required to be printed upon the back of the stub, and the in¬ 
spectors, after a ballot is returned to them, are required to remove the stub before 
placing it in the box. Id. 


Election Code. 


83 


After the ballot is placed in the box, there is no way to identify it or determine 
whether it did or did not have a stub with an improper number upon it. Id. 

The indorsement is required to be printed upon the back of the ballot, and not 
upon the stub. Id. It remains after the stub is removed, and, if an improper 
one, it serves to identify the ballot when taken from the box; lienee, the provi¬ 
sion that no ballot that has not the printed official indorsement shall be counted, 
etc. But this provision has no application to the numbers upon the stub. Id. 

Though the statute does not require the ballots to be numbered from one up¬ 
wards. it does provide that they shall be consecutively numbered. Id. It is 
intended that the ballots shall be numbered from the unit upwards, and such is 
a fair and reasonable construction of the statute. Id. The fact that they are to 
be numbered consecutively, will not permit the commencement of the number¬ 
ing at the unit and, after a few numbers, skip to some higher number. Id. 

The case of People ex rel. Bradshaw v. Bidelman, 69 Hun, 596, arose and was 
decided under chap. 262 of 1890, as amended by chap. 296 of 1891. 

§ 104. Delivery of ballots to electors.— Subdivision 1. While 
the polls of the election are open, the electors entitled to vote 
and who have not previously voted thereat, may enter within 
the guard-rail at the polling place of such election for the pur¬ 
pose of voting, in such order that there shall not at any time be 
within such guard-rail more than twice as many electors as there 
are voting booths thereat, in addition to the persons lawfully 
within such guard-rail for other purposes than voting. The 
elector shall enter within the guard-rail through the entrance 
provided, and shall forthwith proceed to the inspectors and give 
his name, and, if in a city or village of five thousand inhabitants 
or over, his residence by street and number, or if it have no 
street number, a brief description of the locality thereof, and if 
required by the inspectors shall state whether he is over or under 
twenty-one years of age. One of the inspectors shall thereupon 
announce the name and residence of the elector in a loud and 
distinct tone of voice. No person shall be allowed to vote in 
any election district at any election where electors are required 
to be registered unless his name shall be upon the registration 
books of such election district. The right of any person to vote, 
whose name is on such register, shall be subject to challenge. 
If such elector is entitled to vote thereat, and is not challenged, 
or if challenged and the challenge be decided in his favor, one 
of the ballot clerks shall then deliver to him one official ballot 
or a set of official ballots, folded by such ballot clerk in the 
proper manner for voting, which is: First, by bringing the 
bottom of the ballot up to the perforated line, and second by 
folding both sides to the center, or towards the center, in such 
manner that when folded the face of each ballot shall be con¬ 
cealed, and the printed number on the stub and the indorsement 
on the back of the ballot shall be visible, so the stub can be 


84 


Election Code. 


removed without removing any other part of the ballot, and 
without exposing any part of the face of the ballot below the 
stub, and so that when folded the ballot shall not be more than 
four inches wide. No person other than an inspector or ballot 
clerk shall deliver to any elector within such guard-rail any 
ballot, and they shall deliver only such ballots as the voter is 
legally entitled to vote, and also the sample ballot when the 
same is asked for. 

The provisions of the law, prohibiting the receiving of any votes, unless the 
name of the person offering it appears on the register made and completed, as 
provided by the act, preceding the election, and declaring that the section shall 
be considered as mandatory, and that every vote received in contravention thereof 
shall be void, etc., are to be construed, in view of the intent of the legislature as 
ascertained from a consideration of the whole act, as designed simply to prevent 
unregistered voters from taking part in the election ; not to make the right to 
vote of persons, whose names are on the registers, depend upon the observance 
by the inspectors of all the minute directions of the act in preparing it, and thus 
render the constitutional right of suffrage liable to be defeated without fault of 
the elector, by the fraud, caprice or negligence of the inspectors. People ex rel. 
Frost v. Wilson, 62 N. Y., 186. 

1 \ * 'N. 

Subdivision 2. Any elector who shall, at the time of regis¬ 
tration, have made oath of physical disability or illiteracy, as. 
prescribed by the third subdivision of section thirty-four of the 
election law; or, who, being duly registered, in an election dis¬ 
trict where personal registration by all electors is required by 
law, shall state under oath, to the inspectors of election, on the 
day of election, that, by reason of some accident, the time and 
place of which he must specify, or of disease, the nature of which 
he must also specify, he has, since the day upon which he regis¬ 
tered, lost the use of both hands, or become totally blind, or 
afflicted by such degree of blindness as will prevent him, with 
the aid of glasses, from seeing the names printed upon the official 
ballot, or so crippled that he can not enter the voting booth and 
prepare his ballot without assistance; or any elector in an elec¬ 
tion district who is not required by law to personally register, 
who is unable to write by reason of illiteracy, or is physically 
disabled in one or more ways described in the third subdivision 
of section thirty-four of the election law, and who shall make 
the statement under oath to the inspectors in the form required 
in said subdivision, may choose two of the election officers, both 
of whom shall not be of the same political faith, to< enter the 
booth with him, to assist him in preparing his ballots. At any 
tov n meeting or village election, w r liere the election officers are 
all of the same political faith, any elector entitled to assistance 


Election Code. 


85 


as herein provided may select one of such election officers and 
one elector of such town or village of opposite political faith 
from such election officer so selected, to render such assistance. 
Such election officers or persons assisting an elector shall not 
in any manner request or seek to persuade or induce any such 
elector to vote any particular ticket, or for any particular can¬ 
didate, and shall not keep or make any memoranda or entry of 
anything occurring within such booth, and shall not, directly 
or indirectly, reveal to any other person the name of any candi¬ 
date voted for by such elector, or which ticket he has voted, 
except they be called upon to testify in a judicial proceeding 
for a violation of this act, and each election officer, before the 
opening of the polls for the election, shall make oath that he 
“ will not in any manner request, or seek to persuade, or induce 
any elector to vote any particular ticket or for any particular 
candidate, and that he will not keep or make any memoranda 
or entry of anything occurring within the booth, and that he 
will not, directly or indirectly, reveal to any person the name of 
any candidate voted for bv any elector or which ticket he has 
voted, or anything occurring w r ithin the voting booth, except he 
be called upon to testify in a judicial proceeding for a violation 
of the election law.” The same oath shall be taken by any elector 
rendering such assistance, as provided for above, and any viola¬ 
tion of this oath shall be a felony punishable upon conviction by 
imprisonment in a state prison for not less than two nor more 
than ten years. No elector shall otherwise ask or receive the 
assistance of any person within the polling place in the prepara¬ 
tion of his ballot, or divulge to anyone within the polling place 
the name of any candidate for whom he intends to vote or has 
voted. 

The right to vote, secured to the citizen by the constitution, must be exercised 
in the manner and subject to the regulations lawfully prescribed by the legislature 
in respect to the time when and the method by which his will is expressed; and, 
in order to render his will and intention effectual at the election, he must comply 
with at least all the substantial requirements of the law. People ex rel. Sherman 
v. Person, 45 N. Y. State Rep., 528;_People ex rel,_ Nichols v. Board of Canvassers, 
etc.; 129,N.\Y..395, 401,/' ~ ' • 

§105. Preparation of ballots by electors.— On receiving his 
ballot, the elector shall forthwith, and without leaving the inclosed 
space, retire alone, unless he be one that is entitled to assistance in 
the preparation of his ballot to one of the voting booths, and without 
undue delay, unfold and mark his ballot as hereafter prescribed. No 
elector shall be allowed to occupy a booth alread} r occupied by 
another, or to occupy a booth more than five minutes in case all the 


86 


Election Code. 


booths are in use and electors waiting to occupy the same. It shall 
not be lawful to make any mark upon the official ballot other than 
the cross X mark made for the purpose of voting, with a pencil hav¬ 
ing black lead, and that only in the circles or in the voting spaces to 
the left of the names of candidates, or to write anything thereon other 
than the name or names of persons not printed upon the ballot for 
whom the elector desires to vote in the blank column under the 
proper title of the office with a pencil having black lead; nor shall it 
be lawful to deface or tear a ballot in any manner, nor to erase any 
printed device, figure, letter or word therefrom, nor to erase any 
name or mark written thereon by such elector. If an elector deface 
or tear a ballot or one of a set of ballots, or wrongly marks the same, 
he may successively obtain others, one set at a time, not exceeding 
in all three sets, upon returning each set of ballots so defaced or 
wrongly marked to the ballot clerks. The elector should observe 
the following rules in marking his ballot: 

Rule 1. If the elector desires to vote a straight ticket, that is, for 
each and every candidate of one party for whatever office nominated, 
he should mark a cross X mark in the circle above the name of the 
party at the head of the ticket. 

Rule 2. If the elector desires to vote a split ticket, that is, for can¬ 
didates of different parties, he should not make a cross X mark in 
the circle above the name of any party, but should make a cross X 
mark in the voting space before the name of each candidate for 
whom he desires to vote on whatever ticket he may be. 

Rule 3. If the ticket marked in the circle for a straight ticket does 
not contain the names of candidates for all offices for which the 
elector may vote, he may vote for candidates for such offices so 
omitted by making a cross X mark before the names of candidates 
for such offices on other tickets, or by writing the names, if they are 
not printed upon the ballot, in the blank column under the title of 
the office. 

Rule 4. If the elector desires to vote for any person whose name 
does not appear upon the ballot, he can so vote by writing the name 
with a pencil having black lead in the proper place in the blank 
column. 

Rule 5. The elector can vote blank for any office by omitting to 
make a cross X mark in any circle, and making a cross X mark in 


Election Code. 


87 


the voting space before the name of every candidate he desires to 
vote for, except for the office for which he desires to cast a blank 
vote. 

Rule 6. In the case of a question submitted, the elector shall make 
a cross X mark in the blank square space on the right of and after the 
answer “yes” or “no” which he desires to give on each such ques¬ 
tion submitted. 

Rule 7. One straight line crossing another straight line at any 
angle within a circle, or within the voting spaces, shall be deemed a 
valid voting mark. 

Inspectors of election and boards of canvassers have no business to 
decide whether a person voted for is, or is not, eligible. People ex rel. 
Bradley v. Shaw, 45 N. Y. St. Rep. 533. It is their duty to count the 
votes cast for any or every person whose name-appears upon a ballot 
printed and indorsed as the law directs. Id. The law does not restrict 
the voter to the candidates placed in nomination by political parties or 
by petitions of citizens, and it is not necessary that a person’s name 
should appear upon the official ballot to enable the voters to vote for 
him. Id. While the law provides for official ballots, it does not provide 
for official candidates. Id. 

The voter is not limited to voting for candidates receiving a nomination, 
by a political party,which at the last election polled one per cent, of the 
entire vote cast. People ex rel. Bradley v. Shaw, 45 N. Y. State Rep. SGG. 
He may A r ote for any candidate whom he may choose. Id. 

The provision of the law requiring a paster ballot to be pasted on the 
side opposite the official endorsement is directory merely. People ex rel. 
Bradley v. Shaw, 45 N. Y. State Rep. 533. But the requirement that it be so 
attached as not to be visible, is mandatory. Id. The placing of a paster 
ballot, therefore, upon the outside of the official ballot does not render it 
invalid, if such paster ballot is not visible when the ballot is folded. Id. 

If the official, charged with the duty, neglects to print upon the offi¬ 
cial ballot the name of an office which, under the law, is to be filled at the 
election for which the official ballots were prepared, a qualified voter may 
write or paste on the proper official ballot such office and the name of any 
person to fill it whom such voter desires. People ex rel. Goring v. 1\ ap- 
pingers Falls, 144 N. Y. GIG. And where, under such circumstances, the 
relator received forty-four votes for police justice, which was the whole 
number of votes cast for such office, a writ of peremptory mandamus was 
properly granted, requiring the board of trustees to recognize him as a 
police justice, but not to fix the salary of the office. Id. 

Innocent voters cannot be disfranchised because of a latent defect in. 
the official ballot furnished by the State, not discernible on inspection, 


B8 


Election Code. 


which ballot they are compelled to use, especially where the defect consists 
in the unauthorized insertion therein by a public official, charged with the 
duty of making up and printing the ballots, of names of candidates in the 
party column not duly nominated by such party. People ex rel. Hirsh v. 
Wood, 148 N. Y. 142. No principle permits the disfranchisement of inno¬ 
cent voters for the mistake, or even the willful misconduct of election 
officers in performing the duty cast upon them. Id. The provision, 
found in this section of chapter 810 of 1895, which declares that “ no 
ballot without the official indorsement shall be allowed to be deposited in 
the ballot box, except as provided by section 89 of the Election Law, and 
109 of this act, and none but ballots provided in accordance with the pro¬ 
visions of this act shall be counted,” was designed to enforce the new 
system of the official ballot. Id. It prohibits the deposit as well as the 
counting of any but official ballots, or the unofficial ballots authorized to 
be issued in the exigencies contemplated by section 89 of the Election Law, 
and section 109 of the act of 1895. Id. The words “ none but ballots pro¬ 
vided in accordance with the provisions of this act shall be counted,” 
plainly mean the ballots provided for use by the public officials charged 
with that duty and substituted ballots authorized in certain contingencies 
to be provided and used in the cases specified in the above sections. Id. 
The court did not, in this case, determine the question whether, under 
the statute, the form of the official ballot or any mistake of the clerk in 
arranging or printing the names of candidates, or as to the contents of the 
party column, can be raised after the election has been held, or the fur¬ 
ther question whether a mandamus may be issued to compel the board of 
canvassers to reject the ballots regular on their face. Id. 

After the ballots have been voted, the canvassers have no power to reject 
them as void (Matter of Hirsh (Sup. Ct., Sp. T., 1895), 14 Misc. 3771, 
except in the sole instance where such power is given to them in the case 
of ballots “ from which there shall have been erased any device, figure oi 
word, or upon which there shall be written any word or words therein the 
name of the candidate,” in the column provided for that purpose. Id. 
And where the canvassers have no power to reject the ballots, the court 
has no power to order them to do so. Id. 

§ 106. Manner of voting.— When the ballot or ballots which 
an elector ha,s received shall be prepared as provided in section 
one hundred and five of this act, he shall leave the voting booth 
with his ballot folded so as to conceal the face of the ballot, but 
show the indorsement and fac simile of the signature of the 
official on the back thereof, and, keeping the same so folded, 
shall proceed at once to the inspector in charge of the ballot 
box, and shall offer the same to such inspector. Such inspector 
shall announce the name of the elector and the printed 
number on the stub of the official ballot so delivered to him 


Election Code. 


89 


in a loud and distinct tone of voice. If such elector be entitled 
then and there to vote, and be not challenged, or if challenged, 
and the challenge be decided in his favor, and if his ballot 
or ballots are properly folded, and have no mark or tear 
visible on the outside thereof, except the printed num¬ 
ber on the stub and the printed indorsement on the 
back, and if such printed number is the same as that entered 
on the poll-books as the number on the stub or stubs of the 
official ballot or set of ballots last delivered to him bv the ballot 
clerks, such inspector shall receive such ballot or ballots, and, 
after removing the stub or stubs therefrom, in plain view of the 
elector, and without removing any other part of the ballot, or 
in any way exposing any part of the face thereof below the stub, 
shall deposit each ballot in the proper ballot box for the recep¬ 
tion of voted ballots; and the stubs in the, box for detached 
ballot stubs. Upon voting, the elector shall forthwith pass out¬ 
side the guard-rail unless he be one of the persons authorized to 
remain within the guard-rail for other purposes than voting. 
No ballot without the official indorsement shall be allowed to 
be deposited in the ballot box except as provided by sections 
eighty-nine and one hundred and seven of the election law, and 
none but ballots provided in accordance with the provisions of 
the election law shall be counted. No official ballot folded shall 
be unfolded outside the voting booth. No person to whom any 
official ballot shall be delivered shall leave the space within the 
guard-rail until after he shall have delivered back all such bal¬ 
lots received by him either to the inspectors or to the ballot 
clerks, and a violation of this provision is a misdemeanor. When 
a person shall have received an official ballot from the ballot 
clerks or inspectors, as hereinbefore provided, he shall be deemed 
to have commenced the act of voting, and if, after receiving such 
official ballot, he shall leave the space inclosed by the guard-rail 
before the deposit of his ballot in the ballot box, as hereinbefore 
provided, he shall not be entitled to pass again within the guard¬ 
rail for the purpose of voting, or to receive any further ballots. 

Under the detailed provisions for recording votes in the city of New 
York a citizen cannot vote one or more ballots at one time and other bal¬ 
lots at other times. Simpson v. Brown, 18 N. Y. St. Rep. 781. He is not 
entitled to present himself more than once at the polls for the purpose of 
voting. Id. When he is reached in his turn, he must once for all exercise 
his right of suffrage at that election. Id. 

12 


90 


Election Code. 


Section 100 of 1805 permits unofficial ballots to be used when official 
ballots are not provided or shall be exhausted. People ex rel. Hirsh v. 
Wood, 148 N. Y. 142. It does not require that the ballots authorized 
thereby shall be provided by the official. Id. But the unofficial ballots 
authorized to be used under this section, are required to be, “ as nearly as 
practicable in the form of the official ballot.” Id. In the other case, some 
public official provides the ballot; under section 109, the voter may provide 
it. Id. The prohibition against counting, refers to ballots provided by the 
State having official sanction, and the unofficial ballots authorized by 
section 89 of the Election Law, and section 109 of 1895. Id. 

§ 107. When unofficial ballots may be voted. — If, for any 

cause, the official ballots shall not be provided as required by 
law at any polling place, upon the opening of the polls of an 
election thereat, or if the supply of official ballots shall be ex¬ 
hausted before the polls are closed, unofficial ballots, printed or 
written, made as nearly as practicable in the form of the official 
ballot, may be used. 

§ 108. Challenge. — Subdivision 1—A person may be chal¬ 
lenged either when he applies to the ballot clerk for official 
ballots, or when he offers to an inspector the ballot he intends 
to vote, or previously by notice to that effect to an inspector 
by any elector. The name of the person challenging shall not 
be disclosed by an election officer unless required by a court or 
a judicial officer. It shall be the duty of each inspector to chal¬ 
lenge every person offering to vote, whom he shall know 7 or 
suspect not to be duly qualified as an elector. If any person 
offering to vote at any election shall be challenged in relation to 
his right to vote thereat, one of the inspectors shall tender to 
him the following preliminary oath: “ You do sw T enr (or affirm) 
that you will fully and truly answer all such questions as shall 
be put to you touching your place of residence and qualification 
as an elector.” The inspectors or one of them shall then question 
the person challenged in relation to his name; his place of resi¬ 
dence before he came into that election district; his then place 
of residence, his citizenship; wdiether he be a native or natural¬ 
ized citizen, and if the latter, when, where, and in what court, or 
before what officer he w 7 as naturalized; wdiether he came into 
the election district for the purpose of voting at that election; 
how long he contemplates residing in the election district, and 
all other matters w-hicli may tend to test his qualifications as 
a resident of the election district, citizenship and right to vote 


Election Code. 


91 


at such election at such polling place. If any person shall re¬ 
fuse to take such preliminary oath when so tendered, or to 
answer fully any such question which may be put to him, his 
vote shall be rejected. After receiving the answers of the per¬ 
son so challenged, the board of inspectors shall point out to him 
the qualifications, if any, in respect to which he shall appear to 
them to be deficient. 

When a voter at an election offers his vote to the inspectors, and, if challenged, 
takes the preliminary oath, and after answering fully the questions touching his 
right to vote ofEers to take the general oath, it is the absolute duty of the inspec¬ 
tors to receive his vote. Matter of Sherwood v . State Board, etc., 129 N. Y., 360; 
People v. Pease, 27 id., 45; Goetcheus v. Matthewson, 61 id., 420: People ex rel. 
Stapleton v. Bell, 119 id., 175. 

If, in such a case, the inspectors refuse to take his vote, and he is a legal voter, 
he can compel them to take it by mandamus. Id. But if, upon his application 
for a mandamus, it should appear upon facts not disputed that he was not a quali¬ 
fied voter, the court will not compel the inspectors to take his vote, and thus 
permit the voter to commit a crime for the sole reason that the law made it their 
duty to take the vote. Id. 

See note under section 108. 

Subdivision 2. General oath. — If the person so offering to 
vote, shall persist in his claim to vote, and the challenge be not 
w T ithdraw T n, one of the inspectors shall then administer to him 
the following general oath: “ You do swear (or affirm) that you are 
twenty-one years of age, that you have been a citizen of the 
United States for ninety days, and an inhabitant of this state 
for one year next preceding this election, and for the last four 
months a resident of this county, and for the last thirty days a 
resident of this election district, and that you have not voted at 
this election.” If the person so offering to vote shall be chal¬ 
lenged for causes stated in section two of article two of the 
constitution of this state, the following additional oath shall 
be administered by one of the inspectors; “You do swear (or 
affirm) that you have not received or offered, do not expect to 
receive, have not paid, offered or promised to pay, contributed, 
offered or promised to contribute to another, to be paid, or 
used, any money, or other valuable thing, as a compensation or 
reward for the giving, or withholding, of a vote at this election, 
and have not made any promise to influence the giving or with¬ 
holding of any such vote, and that you have not made, or be¬ 
come directly or indirectly, interested in any bet or wager de¬ 
pending upon the result of this election.” If the person so 
offering to vote shall be challenged on the ground of having been 
convicted of bribery or any infamous crime, the following addi¬ 
tional oath shall be administered to him by one of the inspectors: 


92 


Election Code. 


“You do swear (or affirm) that you have not been convicted of 
bribery or any infamous crime, or if so convicted, that you, have 
been pardoned and restored to all the rights of a citizen.” If 
any person shall refuse to take either oath so tendered his vote 
shall be rejected, but if he shall take the oath or oaths tendered 
him, his vote shall be accepted. 

Subdivision 3. Record of persons challenged. — The inspectors 
of election shall keep a minute of their proceedings in respect to 
the challenging and administering oaths to persons offering to 
vote, in which shall be entered, by one of them, the name of 
every person who shall be challenged or take either of such 
oaths, specifying in each case whether the preliminary oath or 
the general oath, or both were taken. At the close of the elec¬ 
tion, the inspectors shall add to such minutes a certificate to the 
effect that the same are all such minutes as to all persons chal¬ 
lenged at such election in such district. 

§ 109. Time allowed employes to vote. —Any person entitled 
to vote at a general election held w T ithin this state, shall on the 
day of such election, be entitled to absent himself from any 
service or employment in which he is then engaged or employed, 
foi a period of two hours, while the polls of such election are 
open. If such elector shall notify his employer before the day 
of such election of such intended absence, and if thereupon two 
successive hours for such absence shall be designated by the 
employer, and such absence shall be during such designated 
hours, or if the employer upon the day of such notice, makes no 
designation, and such absence shall be during any two consecu¬ 
tive hours while such polls are open, no deduction shall be made 
from the usual salary or wages of such elector, and no other 
penalty shall be imposed upon him by his employer by reason 
of such absence. This section shall be deemed to include all 
employes of municipalities. 

§ 110. Canvass of votes. — Subdivision 1 . Preparation for can¬ 
vass. —As soon as the polls of an election are closed, the in¬ 
spectors of election thereat shall publicly canvass and ascertain 
the votes, and not adjourn or postpone the canvass until it shall 
be fully completed. Any election officer who shall sign any 
original statement of canvass, or certified copies thereof, at any 
place other than the polling place, or at any time other than 
immediately after the canvass is completed, and any election 
officer or person who shall take from the polling place any such 
statement before it shall have been signed as herein provided, 


Election Code. 7 ' 93 

is guilty of a felony, and shall be punished, upon conviction 
thereof, by imprisonment in a state prison for not less than two 
nor more than five years. The room in which such canvass ia 
made shall be clearly lighted, and such canvass shall be made 
in plaii view of the public. It shall not be lawful for any per¬ 
son or persons, during the canvass, to close or cause to be closed, 
the main entrance to the room in which such canvass is con¬ 
ducted in such manner as to prevent ingress or egress thereby. 
When two ballot boxes are provided for the reception respectively 
of voted general ballots and question submitted ballots, the said bal¬ 
lot boxes shall be opened and the ballots therein canvassed in the 
following order, namely : First, the box containing the general bal¬ 
lots ; secondly, the box containing the ballots cast upon any constitu¬ 
tional amendment or other proposition or question. The board of 
inspectors shall commence the canvass by comparing the two poll 
books with the registers used on election day as to the number of 
electors voting at the election, correcting any mistakes therein, and 
by counting the ballots found in the ballot-boxes without unfolding 
them, except so far as to ascertain that each ballot is single, and by 
comparing the number of ballots found in each box with the number 
shown by the poll books, and the ballot clerks’ statement to have 
been deposited therein. If the ballots found in any box shall be 
more than the number of ballots so shown to have been deposited 
therein, such ballots shall all be replaced without being unfolded in 
the box from which they were taken, and shall be thoroughly min¬ 
gled therein, and one of the inspectors, designated by the board, 
shall, without seeing the same, and with his back to the box, pub¬ 
licly draw out as many ballots as shall be equal to such excess, and 
without unfolding them, forthwith destroy them. If two or more 
ballots shall be found in the ballot box so folded together as to pre¬ 
sent the appearance of a single ballot, they shall be destroyed if the 
whole number of ballots in such ballot box exceeds the whole num¬ 
ber of ballots shown by the poll books, and ballot clerks’ statement, 

to have been deposited therein, and not otherwise. If there lawfully 
be more than one ballot box for the reception of ballots voted at the 
polling-place, no ballot properly indorsed, found in the wrong ballot 
box, shall be rejected, but shall be placed in its proper box by the 
inspectors upon the count of the ballots before the canvass, and 
counted in the same manner as if found in the proper ballot box, if 
such ballot shall not, together with the ballots found in the proper 
ballot box, make a total of more ballots than are shown by the poll 
books and ballot clerks’ statement, to have been deposited in the 
proper box. No ballot that has not the official indorsement shall be 


94 


Election Code. 


counted, except such as are voted in accordance with the provisions 
of the election law relating to unofficial ballots. The chairman only 
of the board of inspectors shall unfold the ballots taken from the 
ballot box. 

Inspectors of election have no power to decide as to the right of a person to 
vote in conformity to their own knowledge and belief, in disregard of the sworn 
statement of the person offering to vote. People ex rel. Stapleton v. Bell, 54 
Hun. 567. Their knowledge or belief that illegal votes have been received is no 
justification for a refusal to sign the returns. Id. If they refuse to sign, they 
may be compelled by mandamus to do so. Id. Ballots accepted and deposited 
by some of the inspectors against the protests of others are received and must be 
returned. Id. 

Inspectors of election, who have made and signed a statement of the result of 
election and filed it in the county clerk’s office, have not the authority to subse¬ 
quently change such determination and statement by delivering a different one 
to the supervisor for presentation to the board of county canvassers. People ex 
rel. Bussell v. Board, etc., 46 Hun, 390. 

The returns will not be sent back to the inspectors for the correction of an 
irregularity which is not shown to have been prejudicial to the candidate. Peo¬ 
ple v. Board, etc., 58 How. 141. Nor, where it is alleged, that there has been a 
false and fraudulont alteration of the returns. Id. This question can only be 
tried in a contest before the proper tribunal. Id. 

Where it is apparent that a mistake has, in fact, been made in the returns, 
they may be sent back to the inspectors for correction. People v. Canvassers, 64 
How. 201; 12 Abb. N. C. 95; People v. Payne, 64 How. 357; 12 Abb. N. C. 103. 
These officers are not functus officio, until a proper return has been made. Id. 

The inspectors’ return is prima facie evidence of the number of votes cast for 
a candidate. People v. Miuck, 21 N. Y. 539. 

See note under sections 131, 132. 

/ 

Subdivision 2. Intent of electors: 

Rule No. 1. If the elector shall have made a voting mark in the 
circle above one ticket only, and no other voting mark appears on 
other ticket or tickets, and if no name shall have been written in 
the blank column, he shall be deemed to have cast his vote for all 
the candidates on the ticket so marked in the circle. 

Rule No. 2. If the elector shall have made a voting mark in the 
circle above one ticket only, and shall have also made a voting mark 
or marks in the voting space or spaces before the name or names of 
a candidate or candidates, only on the ticket so marked in the circle, 
the voting marks in the spaces before the names of candidates on 
such ticket shall be treated as surplusage, and his vote shall be 
deemed to have been cast for all the candidates on the ticket so 
marked in the circle. 

Rule No. 3. If the elector shall have made a voting mark in the 
circle above one ticket only, and shall have also made a voting mark 
in the voting space or spaces before the name or names of a candi¬ 
date or candidates on one or more other tickets, he shall be deemed 
to have cast his vote for all the candidates on the ticket so marked 
in the circle, except for those for whom he has indicated his inten¬ 
tion not to vote, by making a voting mark in the voting space before 
the name or names of individual candidates, on one or more other 
tickets, or by writing a name in the blank column; and the candi¬ 
date or candidates so individually voted for on such other ticket or 


Election Code. 


95 


tickets shall be deemed to be the voter’s choice for such office or 
offices; provided, however, that: 

Rule No. 4. When two or more persons are to be voted for for 
the same office, as two or more justices of the supreme court or 
presidential electors, and the names of the several candidates therefor 
are printed under the title of the office for which all are running, and 
the elector shall have made a voting mark in the circle at the head of 
a ticket, and shall also have made a voting mark in the voting space 
before the name of one or more of a group of candidates for such 
office on other tickets, providing that he shall not have marked the 
names of two or more of such candidates upon the same line upon 
the ballot, he shall be deemed to have cast his vote for all the candi¬ 
dates for such office so individually marked and for those marked in 
the circle, except for those candidates under such circle so marked 
whose names are upon the same line on the ballot as the names of 
the candidates so individually marked, or written in the blank col¬ 
umn, unless in addition to making the voting mark in the circle at 
the head of the ticket he shall also have made a voting mark before 
each one of the group of candidates for such office for whom he de¬ 
sires to vote on the ticket so marked in the circle; provided further, 
however, that: 

Rule No. 5. When two or more persons are to be voted for for 
the same office, as two or more justices of the supreme court or 
presidential electors, and the names of the several candidates therefor 
are printed on any ticket under the title of the office for which all 
are running, and the electors shall have made a voting mark in the 
circle at the head of the ticket, and shall also have made a voting 
mark in the voting space before the name of more than one of the 
group of candidates for such office printed on the same line on the 
ballot on other tickets, or by writing the name or names of a candi¬ 
date or candidates in the blank column, he must also indicate by 
voting marks in the voting spaces on the ticket so marked in the 
circle the individual candidates of the group of candidates on such 
ticket for whom he desires to vote, or his vote shall only be counted 
for the candidates for such office which are so individually marked 
on other tickets, or written in the blank column. 

Rule No. 6. If the elector shall have made a voting mark in more 
than one circle at the head of the tickets, and if on either of such 
tickets there shall be one or more candidates for office for which no 
other candidate or candidates is or are named on such other ticket 
or tickets so marked in the circle his vote shall be counted for such 
candidate or candidates. 

Rule No. 7. Subject to the foregoing rules if the elector marks 
more names than there are persons to be elected to an office, or if 
for any other reason, it is impossible to determine the elector’s choice 
of a candidate for an office to be filled, his vote shall not be counted 
for such office but shall be returned as a blank vote for such office. 

Rule No. 8. In the case of a question submitted, if the elector 
shall have made a voting mark in the voting space after the printed 


96 


Election Code. 


word “ Yes,” his vote shall be deemed to be in favor of the adoption 
of the question submitted ; if he shall have made a voting mark in 
the voting space following the printed word u No” his vote shall be 
deemed to be against the adoption of the question submitted. 

Rule No. 9. A void ballot is a ballot upon which there shall be 
found any mark other than the cross X mark made for the pur¬ 
pose of voting, which voting mark must be made with a pencil 
having black lead, only in the circles, or in the voting spaces to the 
left of the names of candidates; or one upon which anything is 
written other than the name or names of persons not printed upon 
the ballot, for whom the elector desires to vote, which must be 
written in the blank column under the proper title of the office 
with a pencil having black lead; or one which is defaced or torn by 
the elector; or upon which there shall be found any erasure of any 
printed device, figure, letter or word, or of any name or mark 
written thereon, by such elector, and upon such ballot no vote for 
any candidate thereon shall be counted. 

Subdivision 3. Method of counting.—The method of counting 
shall be as follows: The straight ballots, that is, the ballots on 
which all the candidates on one party ticket and no others are 
voted for shall be separated from the split ballots and counted, 
and the number of straight party votes for each candidate shall be 
entered in gross opposite his name on each tally sheet by the poll 
clerk keeping the same. The chairman of the board shall then take 
the split ballots separately, and announce the vote for each candi¬ 
date on each such ballot, in the order of the offices printed thereon, 
and each poll clerk shall make an accurate tally of the same. As 
the votes on each split ballot are counted, such ballot shall be 
passed to the other inspectors for verification. The poll clerks shall 
then add together all the votes for each candidate and the ballots 
wholly blank and void, together with the ballots on which no votes 
were counted for any candidate for such office, and shall enter the 
sum thereof in the proper column on the tally sheet. As soon as 
the count is completed for each office, the poll clerks shall submit 
the result to the inspectors for examination, and if found to be correct, 
the chairman shall at once announce the result When a ballot is 
not void and an inspector of election or other election officer or duly 
authorized watcher shall, during the canvass of the vote, declare his 
belief that any particular ballot has been written upon or marked 
in any way for the purpose of identification, the inspectors shall 
write on the back of such ballot the words “ objected to because 
marked for identification” and shall specify over their signatures 
upon the back thereof the mark or marking upon such ballot to 
which objection is made. The votes upon each such ballot shall 
be counted by them, as if not so objected to. If requested by any 
watcher the inspectors shall, during the canvass, exhibit any and 
all ballots cast at such election or town meeting to such watcher, 
fully opened, and in such a condition that he may fully and care¬ 
fully read and examine the same, but such inspector shall not allow 
any such ballot to be taken from his hand. Any person who shall 


Election Code. 


97 


place upon any ballot taken from the ballot box any mark or 
marking, or who shall tear or deface such ballot with the intent of 
causing such ballot to be rejected as void, shall be guilty of a 
felony, and shall be punished upon conviction therefor by imprison¬ 
ment in a state prison for a period not less than five nor more than 
ten years. In cities of the first class the chairman of the board 
of inspectors shall, forthwith upon the completion of the count of 
votes, and the announcement thereof, deliver to the police officer on 
duty at such place of canvass a statement subscribed by the board 
of inspectors, stating the number of votes received by each candi¬ 
date for office. Such statement shall forthwith be conveyed bv the 
said officer to the station-house of the police precinct in which such 
place of canvass is located, and he shall deliver the same inviolate 
to the officer in command thereof, who shall immediately transmit 
by telegraph, telephone or messenger, the contents of sucli state¬ 
ment to the officer commanding the police department of such city. 
Such statement shall be preserved for six months by the police, and 
shall be presumptive evidence of the result of such canvass for each 
such office. 

Where no objection has been made to tlie ballots as marked for identifi¬ 
cation, they should be destroyed. People ex rcl. Bash v. Board, etc., 48 State 
Rep. 791; 68 Hun, 265. In providing for the preservation of ballots, challenged 
as marked for identification, the law has provided certain safeguards to identify 
the ballots and prevent imposition and fraud. In addition to having written 
upon them the words “objected to because marked for identification,” or words 
in substance to that effect, it also requires that each inspector shall sign his name 
thereto. Id. The purpose of this is obvious. Id. And where ballots not ob¬ 
jected to at the time of being canvassed, are preserved in violation of law, emt of 
the possession of the officers, the court will not direct them to bo attached to the 
statement of canvass. Id. 

§ 111. Original statement of canvass and certified copies.— 

Upon the completion of the canvass, tlie board of inspectors of 
election shall make and sign an original statement thereof show¬ 
ing the kind of election, the date when held; the number of the 
election district; the town or ward, and the city and county in 
which it was held, on the first page or pages of which there shall 
be return of the ballots voted, following which there shall be a 
separate return for each office of the votes cast for each candidate 
therefor in the form prescribed for such returns and statement 
in section eighty-four of the election law\ At the end of the last 
detailed statement of votes cast for candidates, they shall add a 
statement, of the number of general ballots protested as “ marked 
for identification,” which ballots shall be endorsed by the in¬ 
spectors “ protested as marked for identification,” specifying the 
mark or marking to which objection is made over their signa¬ 
tures, and all of which shall be counted for the several candidates 
voted for thereon. The inspectors shall also make as a part of 
their original statement a return of the number of void ballots 
rejected by them, and on such, ballots no vote can be counted 
for any candidate. Each such ballot so declared void by the 

13 


98 


Election Code. 


inspectors shall be endorsed upon the back thereof with the 
specific reason for such rejection. Such void ballots shall, 
together with the ballots which were protested as being marked 
for identification be secured in a separate sealed package, which 
shall be indorsed on the outside thereof with the names of the 
inspectors, the designation of the election district, and the num¬ 
ber and kind of ballots contained therein. Such package shall 
be filed by the chairman of the board of inspectors with the 
original statement of the canvass. If ballots are voted on any 
constitutional amendment, proposition or question, a similar 
return of the ballots and votes cast thereon shall be made and 
included as a part of such original statement. Such inspectors 
shall, whenever unofficial ballots are voted, return all of suck 
ballots in the package with the void and protested ballots. At 
the end of each return contained in such original statement of 
the canvass, and also at the bottom of each sheet, or half sheet 
thereof, the inspectors shall make and sign a certificate that the 
foregoing statement is correct. If any inspector, poll clerk or 
ballot clerk shall refuse to sign any return required of him by 
the election law he must state the grounds upon which such 
refusal is based upon such return over his signature. Unless 
such an election be an election of town, village or school officers, 
held at a different time from a general election, such inspectors 
shall forthwith and before adjourning and taking any recess 
make two certified copies of such original certified statement 
of the result of the canvass. Forthwith upon the completion of 
such original statement and of such certified copies thereof, and 
the proclamation of the result of the election as to each can lidate, 
the ballots voted, except the void and protested ballots, shall be 
replaced in the box from which they were taken, together with 
a statement as to the number of such ballots so replaced. Each 
such box shall be securely locked and sealed, and shall be 
deposited with the officer or board furnishing such boxes. They 
shall be preserved inviolate for six months after such election 
and may be opened and their contents examined upon the. order 
of the supreme court or a justice thereof, or a county judge of 
such county, and at the expiration of such time the ballots may 
be disposed of in the discretion of the officer or board having 
charge of them. 

§ 112. Proclamation of result. — Upon the completion of such 
canvass and of the original statement and certified copies of the 


Election Code. 


99 


result thereof, the chairman of the board of inspectors shall make 
public oral proclamation of the whole number of votes cast at 
such election at such polling place for all candidates for each 
office; upon each proposed constitutional amendment or other 
question or proposition, if any, voted upon at such election; the 
whole number of votes given for each person, with the title of 
the office for which he was named on the ballot; and the whole 
number of votes given respectively for and against each proposed 
constitutional amendment or other question or proposition, if 
any, so submitted. The original statement of canvass and the 
certified copies thereof shall be securely and separately sealed 
with sealing wax in an envelope properly indorsed on the out¬ 
side thereof by the inspectors, and shall be kept inviolate by the 
officers or board with whom they are filed until delivered, to¬ 
gether with the sealed packages of void and protested ballots, 
to the county or city board of canvassers. 

Where the legislature has prescribed a mode in which the result of an 
election shall be determined and declared, the election is not complete 
until the provisions of the statute have been complied with. People v. 
Crissey, 91 N. Y. 61G. 

§ 113. Delivery and filing of papers relating to the election. 

-—Subdivision 1. If the election be other than an election of town, 
city, village or school officers, held at a different time from a general 
election, the chairman of the board of inspectors of each election dis¬ 
trict, except in The City of New York, shall forthwith upon the 
completion of such certified original statement of the result, deliver 
one certified copy thereof to the supervisor of the town in which the 
election, if outside of a city, is situated, and if in a city, to one of the 
supervisors of said city. If there be no supervisor, or he be absent 
or unable to attend the meeting of the county board of canvassers, 
such certified copy shall be forthwith delivered to an assessor of such 
town or city. One certified copy of such original statement of the 
result of the canvass, the poll-books of such election, and one of the 
tally sheets, shall be forthwith filed by such inspectors, or by one of 
them deputed for that purpose, with the town clerk of such town, or 
the city clerk of such city, as the case may be. The original certi¬ 
fied statement of the result of the canvass, with the original ballot 
returned, prepared by the ballot clerk, attached, the sealed package 
of void and protested ballots, the record as to challenged and assisted 
voters, and the sealed packages of detached stubs, and unvoted bal¬ 
lots, and one of the tally sheets shall, within twenty-four hours after 
the completion of such canvass, be filed by the chairman of the board 


100 


Election Code. 


of inspectors, with the county clerk of the county in which the elec¬ 
tion district is situated. The register of electors and public copy 
thereof shall be filed as prescribed in section thirty-five of this act 

Subdivision 2. In The Citv of New York the original statement 
of canvass and the sealed package of void and protested ballots shall 
be filed by the chairman of the board of inspectors within twenty- 
four hours after the completion of the canvass with the county clerk 
of the county within which the election district is located together 

with one of the poll-books and one of the tally-sheets, properly certi¬ 
fied by the poll clerks. One certified copy of such original state¬ 
ment, one poll-book and one tally sheet shall be filed within such 
time with the superintendent of elections and with the chief of the 
branch bureau of elections, as the case may be, in the borough 
within which the election district is located bv an inspector designated 
by the board of inspectors for that duty, and the other certified copy 
of such original statement with the city clerk, by an inspector desig¬ 
nated by the board of inspectors for that duty. In election districts 
in The City of New York, the boards of inspectors of election must, 
at the same time they make and sign the aforesaid original statement 
and certified copies thereof, make a certified copy of so much thereof 
as relates to any candidate for member of assembly, senator or repre¬ 
sentative in congress, voted for in said election district, and also in 
any part of any county not within The City of New York, and such 
certified copy must, within twenty-four hours after the completion 
of the canvass by the inspectors, be filed by the chairman of the 
board of inspectors, with the clerk of the county outside of The 
City of New York of which such officers or any of them are voted 
for at such election. The sealed package of detached stubs, and 
ballots not used at the election shall, in The City of New York, be 
given by the inspectors to the police board, which shall return them 
to the bureau of elections of the borough within which the election 
district is located. All such packages of detached stubs and unused 
ballots shall be preserved inviolate in the office in which they are 
filed, for a period of six months from the time of filing thereof, and 
may be opened and examined upon the order of the supreme court 
or a justice thereof, or a county judge within such county, and at the 
expiration of such time may be disposed of in the discretion of the 
officer or board having custody of the same. 

§ 114. Judicial investigation of ballots. — If any certified orig¬ 
inal statement of the result of the canvass in an election district 
shall show that any of the ballots counted at an election therein 
were objected to as marked for identification, a writ of man¬ 
damus may, upon the application of any candidate voted for at 
such election in such district, within twenty days thereafter, 
issue out of the supreme court to the board or body of can¬ 
vassers, if any, of the return of the inspectors of such election 


Election Code. 


101 


district, and otherwise to the inspectors of election making such 
statement requiring a recount of the votes on such ballots. If 
the court shall, in the proceedings upon such writ, determine 
that any such ballot was marked for the purpose of identification, 
the court shall order such ballot and the votes thereon to be 
excluded upon a recount of such votes. A like writ may in the 
same manner be issued to determine whether anv ballot and the 
votes thereon which has been rejected by the inspectors as void, 
shall be counted. If in the proceedings upon such writ the court 
shall determine that the votes upon any such ballot rejected as 
void shall be counted, the court shall order such ballot and the 
votes thereon to be counted upon a recount of such votes. 
Boards of inspectors of election districts, and boards of can¬ 
vassers, shall continue in office for the purpose of such pro¬ 
ceedings. 

The court ought not to grant a mandamus to compel the issuing of a certificate 
of election to one who has no right under the constitution to the office. ^ Matter 
of Sherwood v. State Board, etc., 129 N. Y., 360. 

To authorize the inspectors to attach the ballots to the statement of re- 
suit, the first thing to be done is that some election officer or watcher should de¬ 
clare his belief that the ballot has been marked for identification. People, ex rel. 
Bush, v. Board, etc., 48 State Rep’r, 791; 66 Hun, 265. Unless this is done, they 
are neither authorized nor required to attach such ballots to the statement. Id. 

It was held in People, ex rel. Bradley, v. Shaw, 133 N. Y. 493; 45 State Rep’r, 
866, that where the objection was not taken before the board of town canvassers 
that the ballots were marked for identification, the court could not consider that 
objection afterwards. This was a case where, upon a paster ballot for town offi¬ 
cers, there was also printed the name of the office of excise commissioner and 
of the candidates therefor. The objection was made that they were defective “ in 
that they contained the name of an office and a candidate therefor that was not 
upon the official ballots, and could not be properly on the same ticket with the 
other town officers.” Subsequently, it was claimed that they were marked bal¬ 
lots, but the court held that that question was not before it. 

Ballots, alleged to have been marked for identification, can only be marked by 
the inspectors duriug the canvass, and it is improper for them, or a single one of 
them, afterwards to so mark and attach such ballots to the statement of canvass. 
People, ex rel. Bush, v. Board, etc., ante. 

This section provides for the performance of several acts preliminary to the 
proceeding by mandamus: (1) An inspector or other election officer or duly au¬ 
thorized watcher must, during a canvass, or immediately after its completion, in 
substance, declare to the inspectors his belief that the ballot or paster was written 
upon, or marked for identification. (2) The inspectors must write their names on 
the back of such ballot and attach it to the original certificate of canvass. (3) They 
must include in such certificate a statement of the specific grounds upon which 
the validity of such ballot was questioned. (4) The board of county canvassers, 
or other officers performing similar duties, must mention separately, in the state¬ 
ment or certificate of canvass made by them, the number of votes thus questioned 
which were cast for each candidate and tue specific ground upon which the same 
were claimed to be invalid as set forth in the original certificate of canvass. Peo¬ 
ple, ex rel. Hasbrouck. v. Board, etc., 48 State Kep’r, 533. The questions arise: 
Are all these preliminary acts matters of substance which are required absolutely 
to be performed before a candidate can proceed by writ of mandamus? And can 
tne inspectors of election, or the board of county canvassers, prevent or defeat 
the proceedings by mandamus by neglecting or purposely omitting to write their 
names upon the ballots or to make the required statements? Id. The proper 


102 


Election Code. 


officers are under a duty to perform the preliminary acts, and if they do not per¬ 
form them, they may be criminally prosecuted for their neglect or willful disre¬ 
gard of the requirements of the law. Id. 

The duties of inspectors are restricted to counting the rotes contained in eacli 
box at the close of the polls, and the number of votes cast for the respective can¬ 
didates, and they have no power to pass judicially upon the validity or invalidity 
of any such votes. People ex rel. Stapleton v. Bell, 27 N. Y. St. Rep., 39. They 
can not reject the vote of persons challenged because their answers were not satis¬ 
factory, No discretion is left to them, as to receiving or rejecting the vote of one 
who has taken the general oath of qualification, when he is not shown by a rec¬ 
ord to have been convicted of crime or by his own oath to be interested in a bet 
upon the election. They must deposit the ballot in the box, whatever they may 
believe or know of the want of qualification of the voter. Id. They are required 
to act upon the evidence which the statute prescribes and have no judicial power 
to pass upon the question of its truth or falsehood, nor can they act upon their 
own opinions or knowledge. Id. 

While there are cases in which the court has the power to direct a board of in¬ 
spectors to reconvene and correct a canvass, to canvass votes which they have re¬ 
fused to canvass, or to refrain from canvassing votes that they have already erro¬ 
neously canvassed and counted, the court can not direct the return of the ballots 
to the inspectors in order that they may make a recount, or direct the ballots to 
be brought into court, in order that they may be recounted and a correct deter¬ 
mination of the result reached. People ex rel. Blodgett v. Board, etc.; People 
ex rel. Van Derzee v. Sickler, 44 N. Y. St. Rep., 738. 

Boards of inspectors of election and canvassers have no power conferred upon 
them to correct frauds or rectify mistakes, except clerical ones. Id. Their duty 
is simply to count, in one case, the ballots actually found in the ballot box at the 
close of the polls, and, in the case of canvassers, to add together the statements 
of results filed with them by the inspectors. Id. 

The remedy for frauds and mistakes, other than clerical, is by proper proceed¬ 
ings in court or before the board or body, to membership in which the person 
aggrieved is a candidate, where that board or body has the power conferred upon 
it to determine the qualification and election of its own members. Id. 

The election officers, from inspectors up to the board of state canvassers, are 
not vested with power to decide anything. Id. They are simply to receive and 
afterward count what they have received; the inspectors, the ballots; the board 
of canvassers, the returns made by the inspectors. Id. 

If the ballots in form and character comply with the law, and the voter’s name 
appears on the registry and he takes the prescribed oath, the inspector is bound 
to take the ballot and count it. Id. If the statement comes from the inspectors 
of election and is correct in form, the board of canvassers is bound to receive and 
canvass it. Id. All questions of fraud or mistake, except clerical ones in the 
statement, are to be passed upon by the courts or such other tribunals as are 
designated by statute. Id. The law is careful to impose upon inspectors and 
canvassers no duty except to receive and count. Id. 

A writ of mandamus does not lie to compel an officer, exercising judicial func¬ 
tions, to make any particular decision, or to set aside a decision already made. 
People ex rel. Gaige v. Reardon, 49 Ilun, 425; People ex rel. Millard v. Chapin, 
104 N. Y., 96. Where inspectors of election have proceeded illegally in counting 
the ballots and have made and filed their report with the proper officer, a man¬ 
damus will not issue to compel them to reconsider their action, or to act in a cer¬ 
tain manner. People ex rel. Gaige v. Reardon, ante. Upon making and filing 
its certificate, the board has fully discharged its official duty, and, therefore, 
become functus officio as a board. Id. A writ directed to it would be of no 
effect, since it can not legally again convene as a body and undo the acts done at 
a prior time when in the proper discharge of official duty. Id. An inferior tri¬ 
bunal, when it has assumed to act and by mistake or otherwise has acted irregu¬ 
larly, can not be treated as not having acted at all. Id. In such case the error 
committed can not be remedied through the instrumentality of a writ of man¬ 
damus. Id. 

A judge at chambers in the city of New York, or elsewhere within the 
State, has no jurisdiction to issue a writ of mandamus. People ex rel. Lower 
v. Donovan, 47 State Rep’r, 834; 63 Hun. 512; rev’g 45 State Rep’r, 141. As no 
court can be opened on the day of general election, no such writ can be issued on 
that day to compel an inspector of election to accept a vote. Id. 


Election Code. 


103 


An official ballot, upon -which is the mark of a printer’s quad, in the absence 
of proof that it was so marked for an illegal purpose, is not a marked ballot, and 
a mandamus cannot issue to compel a board of canvassers to reject it. Peonle 
ex rel. Hasbrouck v. Board, etc., 48 State Rep’r, 533. 

The laws condemn ballots marked for indentification, and such marking strikes 
at the very root of the reform ballot system. Id. If during the canvass some 
election officer, or some authorized watcher, who in a sense represents the con¬ 
stituents of his party, questions the marked ballot on the ground of the marks, 
the first important step lias been taken. Id. The other preliminary acts are 
devolved upon the election officers not representing, or under the control of, any 
candidate. The courts, in the mandamus proceeding, must determine whether, 
under the circumstances of the particular case, there has been such a substantial 
compliance with the statute as will enable the candidate complaining of marked 
ballots to maintain the proceeding. Id. 

A candidate, intending to proceed by mandamus under section il4, ante, should 
procure an alternative writ. Id. In such case, if there should be any dispute about 
facts, it can be settled before the peremptory writ issues. The opposing candi¬ 
date should be permitted to intervene so as to protect his rights. Id. If a per¬ 
emptory mandamus is applied for it must be upon notico (see § 2070 of Civil 
Code), and then, if the facts upon which the application is based are undisputed 
or admitted, and are sufficient to authorize the writ, questions of law only are 
involved, and the writ may issue in the first instance. Id. 

It is only where an inspector of election, or other election officer or duly author¬ 
ized watcher, has during or immediately after the completion of the canvass, 
declared his belief that certain ballots were marked for identification, that a per¬ 
emptory mandamus can be granted to compel the attaching of such ballots to the 
certificate or statement of the canvass. People ex rel. Bush v. Board, etc., 49 
State Rep’r, 527; 6G Hun, 205; aff’g 48 State Rep’r, 791. 

The unauthorized printing of the name of the office of excise commissioner and 
the candidate therefor upon the town ballot makes it a marked or a defective 
ballot. People ex rel. Bradley v. Shaw, 45 N. Y. State Rep., 533. But this does 
not of itself vitiate the ballot, or justify the inspectors of election or board of 
canvassers in rejecting it. Id. It is only when it is marked with the intent that 
it may be identified that it is to be rejected, and that rejection is not to be made 
by the inspectors. Id. The ballot is not to be excluded until the intent is ascer¬ 
tained and determined by the court. Id.; People ex rel. Nichols v. Board of 
Canvassers, etc., 129 N. Y., 395, 407. The court shall determine whether the 
mark on the ballot is placed there with the intent of subsequently identifying the 
ballot and tracing it to the voter. Id. If it can find no such intent, the ballot is 
to remain as counted. 

A ballot endorsed “ Excise” is an official ballot for the purpose of voting for 
excise commissioners, but is not an official ballot for the purpose of voting for other 
town officers. People ex rel. Sherman v. Person, 45 N. Y. State Rep., 528. A 
ballot with the names of candidates for town offices printed upon it and en¬ 
dorsed “ Excise” is not legally endorsed under the law, and is not an official town 
ballot within the meaning of the statute, and cannot be legally received or 
counted by the inspectors. Id. The legal effect is not changed if the names of 
the candidates for town officers are printed on another piece of paper, and that 
paper pasted on the ballot endorsed “ Excise.” Id. 

The inspectors are prohibited from receiving any ballot having any mark on the 
outside or not properly endorsed. People ex rel. Bradley v. Shaw, 45 N. Y. 
State Rep., 533. But if anything appears on the inside of the ballot not au¬ 
thorized by law, they are required to preserve such ballot. Id. In such case, 
those interested may have ample opportunity to deliberately investigate the mat¬ 
ter, and if, after such investigation, they think proper, to present it to the court 
for its determination. Id. 

Votes cast for a candidate for excise commissioner can not be counted for him 
where the name is not upon a ticket legally endorsed as an excise ballot. People 
ex rel. Bradleys. Shaw, 45 N. Y. State Rep., 533, 8GG; People ex rel. Sherman 
v. Person, id., 528. 

Where the relators, who are nominated for the several town offices at an inde¬ 
pendent meeting or caucus, were obliged to have paster ballets printed at their 
own expense for use at the polls, and which they pasted upon the official ballots 
endorsed “Town,” and where all of these paster ballots had printed upon them 


104 


Election Code. 


the name of the candidate for the office of excise commissioner, it was 
held that this did not make them marked ballots, and that it was the duty 
cf the inspectors to have counted the ballots for the other candidates named 
thereon, in declaring the result of the election, and that they could be com¬ 
pelled to do so by a peremptory writ of mandamus. People ex rel. Bradley 
V. Shaw, 45 N. Y. State Rep. 866. 

The regular ballots are those which conform to the provisions of the 
statute, while the “ marked ballots are those which are prohibited.” People 
ex rel. Bidelman v. Bradshaw, 6b Hun, 596. 

“ Marked ballots ” do not operate to render void the ballots that are 
regular and in accordance with the provisions of the statute. Id. 

To hold that the casting of a “ marked ballot ” renders void the regular 
ballots, and invalidates the election, will leave it within the power of a 
few evil disposed persons to nullify elections and deprive citizens of their 
right of suffrage. Id. 

The objection to ballots on the ground that they are marked must be 
made at the canvass by the inspectors of election. People ex rel. Hirsh v. 
Wood, 148 N. Y. 142. A ballot furnished by the State is not a ?narked 
ballot within the law because of any irregularity in making it up or 
printing it. Id. 

The granting of the alternative writ of mandamus is so much a matter 
of discretion that it is not the subject of review upon appeal. People ex 
rel. Ranton v. City of Syracuse (Sup. Ct., 4tli D., 1895), 8S Hun, 203. 

Inspectors of election are ministerial officers and may properly be com¬ 
pelled by mandamus to make a further return of the results of an election, 
where it appears that the return made contains clerical errors and that 
the canvass of the votes cast was in some respects conducted in violation 
of the Election Law. People ex rel. Ranton v. City of Syracuse (Sup. Ct., 
4tli D., 1S95), 88 Hun, 203. Where an election return has been made, but 
is irregular in that it does not show that any person received any votes 
whatever, and the alternative writ of mandamus has been issued sending 
back the return for correction and review, and the person who is 
apparently elected on the face of the return moves to quash the writ, he 
cannot, by presenting, on the argument of the motion, a consent to cer¬ 
tain corrections, avoid the force or necessity of a writ of alternative 
mandamus. Id. 

The meaning of the statute is that the marking of ballots for identifica¬ 
tion must be by the voters themselves. Matter of Hirsh. (Sup. Ct., Sp. T., 
1895), 14 Misc. 377. The mistake of the county clerk cannot be attributed 
to them. Id. 

But the case of ballots alleged to be marked for identification is care¬ 
fully provided for by the statute. 

The canvassers are obliged to count the ballots marked for identifica¬ 
tion, but they have to annex them to their return. Matter of Hirsh (Sup. 
Ct., Sp. T., 1895), 14 Misc. 377. The Supreme Court is then given juris¬ 
diction to determine whether they were marked by the voters for the pur¬ 
pose of identification, and, if so, to have them deducted from the totals by 
the canvassers of election. Id. 


Election Code. 


105 


ARTICLE VI. 

County and State Boards of Canvassers. 

Section 130. Organization of county boards of canvassers. 

131. Production of original statements and copies 

thereof. 

132. Correction of clerical errors in election district 

statements. 

133. Correction in state or county board of canvassers 1 

statement. 

134. Proceedings of state board of canvassers upon cor* 

reefed statement. 

135. Statement of canvass by county boards. 

136. Decisions of county boards as to persons elected. 

137. Transmission of statements of county boards to 

secretary of state. 

138. Organization of state board of canvassers. 

139. Canvass by state board. 

140. Certificates of election. 

141. Record in office of secretary of state of county of¬ 

ficers elected. 

§ 130. Organization of County Board of Canvassers. — The 
board of supervisors of each county shall be the county board of 
canvassers of such county. The cou nty board of canvassers of the 
counties wholly or partly within The City of New York shall be the 
city board of canvassers of The City of New York within the irre¬ 
spective counties. The county boards of canvassers of the respective 
counties shall meet at the office of the county clerk thereof on the 
Tuesday next after each election of public officers held in such 
county other than an election of town, city, village or district school 
officers held at a different time from a general election. Upon such 
meeting they shall choose one of their number chairman of such 
board. Such county clerk, or if he be absent or unable to act, the 
deputy county clerk of such county, shall be the secretary of such 
board. The secretary of the board shall thereupon administer the 
constitutional oath of office to the chairman of the board, who shall 
then administer such oath to each member, and to the secretary of 
14 


106 


Election Code. 


the board. A majority of the members of any board of canvassers 
shall constitute a quorum thereof. If, on the day fixed for such 
meeting, a majority of any such board shall not attend, the members 
of the board then present shall elect the chairman of the board and 
adjourn to some convenient hour of the next day. If such board, or 
a majority thereof, shall fail or neglect to meet within two days after 
the time fixed for organizing such board, the supreme court, or any 
justice thereof, or county judge within such county, may compel the 
members thereof by writ of mandamus to meet and organize forth¬ 
with. 

§ 131. Production of original statements and copies thereof. 

—As soon as such board of county canvassers shall have been organ¬ 
ized, the officer with which they were filed, shall deliver to such board 
of canvassers all the original statements of canvass received from in¬ 
spectors of election for districts within the county for which said 
board are county or city canvassers. The copies of the original 
statements which have been delivered to members of the board of 
assessors shall then be delivered to the board. If any member of 
the county board of canvassers shall be unable to attend the first 
meeting of such board, he shall, at or before such meeting, cause to 
be delivered to the secretary of such board all such copies of original 
statements delivered to him, and any original statement that may 
have come into his possession. If, at the first meeting of a county 
board of canvassers of any county, all such original statements of 
the result of the canvass of the votes cast at such election in all the 
election districts in the county shall not be produced before the 
board, it shall adjourn to some convenient hour of the same or the 
next day. and the secretary of such board shall, by special messenger 
or otherwise, obtain such missing original statements, if possible, 
otherwise he shall procure one of the certified copies thereof in time 
to be produced before such board at its next meeting. At such first 
meeting, or as soon as an original statement of the result of the can¬ 
vass of the votes cast at such election in every election district of the 
county shall be produced before such board, or a copy thereof, in 


Election Code. 


107 


case the original cannot be produced, the board shall, from such 
original statements and certified copies, proceed to canvass the votes 
cast in such county at such election. 

Tlie duty of a county clerk in relation to the election returns is purely minis¬ 
terial. Matter of People ex rel. Daley v. State Board, etc., 129 N. Y., 449, If 
the statement of the hoard of county canvassers correctly sets forth the action of 
the board, it is wholly immaterial to the the county clerk, acting as the secretary 
of the board, whether such board has done its duty in a valid way or not, and it 
is his duty to certify thereto and record it in his office. Id. It is the duty of the 
secretary to attest the statements which the board actually makes, and the law 
casts upon him neither the obligation nor the responsibility of seeing that the 
board has discharged its duty in a manner consistent with his views o^ the 
law. Id. 

If the county clerk cioes not appear, and if his deputy is also absent, the board 
has power to appoint a secretary in their place to perform the duties which ap¬ 
pertain to that office. Id. If the secretary appears, but refuses to perform his 
legal duty as secretary, the board has power to designate one of its own mem¬ 
bers as a proper officer to attest, under its direction, the correctness of the state¬ 
ments it has caused to be made. Id. The remedy, in such case, is not confined 
to a mandamus to compel the secretary to sign. Id. 

Where the secretary, appointed by the board, attests the statement and sends 
copies to the state officers, and a further statement, certified by the chairman, is 
delivered by the secretary pro tern, to the county clerk, it is the duty of the latter 
to attest, certify to it and forward certified copies to the state officers. Id. 

If these various attesting officers do their duty as provided for by law, their 
certificates and signatures are doubtless the only proper evidence of the verity 
of the papers they certify. Id. But when these officials refuse to perform their 
duty, they cannot thereby prevent the further proceedings towards the comple¬ 
tion of the canvass. Id. In such case, the state canvassing board may proceed 
upon the returns attested and forwarded by the temporary secretary. Id. 

The board of county canvassers has no power to estimate the votes from the 
sample ballots attached to the returns. People ex rel. Noyes v. Board, etc., 34 
N. Y. St. Rep., 8. It is its duty to count the votes that appear upon the face of 
the returns, provided that the returns are regular upon their faces. Id. If they 
are not regular, the board should return them to the inspectors for correction. 
Id.; People ex rel. Deuchler v. Board, etc., G4 How., 337; Felt’s Case, 11 Abb., 
N. S., 207; People v. Cook, 8 N. Y., G7. 

The official statements, made after and in accordance with the proclamation of 
the canvass, which is required to be certified to as correct over the signatures of 
the inspectors, form the basis of the estimate of the board of canvassers, rather 
than the sample ballots attached to the statement with the indorsement there¬ 
upon which is not required to be certified as correct, and to which the board of 
inspectors is not required to subscribe. Matter of Noyes v. Board, etc., 34 N. 1. 
St. Rep., 127. The board must estimate the votes from the legal statement which 
has been certified by the inspectors. Id. The making up of new returns upon 
the day after election, and the attaching of the sample ballots thereafter to tho 
statement made upon election night, are clearly without warrant of law. Id. 
After the inspectors have made, certified and signed the statement which the law 
requires, their functions are at an end. Id. Thereafter they have no power 
whatever to alter that statement, or to add thereto or to attach the sample ballot. 
Id. The board of canvassers is not authorized, for a failure to attach a sample 
ballot, to return the statement to the inspectors. Id. Where it acts ministerially 
only, the court has the clear right to direct its ministerial action. Id. 

The board of canvassers is required to cast up the votes appearing upon the 
returns of the district insoectors, which are produced before it. People v. Can¬ 
vassers, 64 How, 334; 12 Abb. N. C., 77, Kutz v. Same, 12 Abb. N. C., 84. It 
is not authorized to institute inquiries as to the authenticity of the returns. Id. 
If it does so, it may be compelled by mandamus to reconvene and correct its 
former determination. Id. • 


108 


Election Code. 


§ 132. Correction of clerical errors in election district state¬ 
ments. — If, upon proceeding to canvass sucli votes, it shall 
clearly appear to any county board of canvassers that contain 
matters are omitted from any such statement or copy, which 
should have been inserted, or that any merely clerical mistakes 
exists therein, they shall have power, and such power is hereby 
given, to summon the inspectors of election whose names are sub¬ 
scribed thereto, before such board, and such inspectors shall 
forthwith meet and make such correction as the facts of the case 
require; but such inspectors shall not change or alter any de¬ 
cision before made by them, but shall only cause their canvass 
to be correctly stated. The board of county canvassers may 
adjourn from day to day not exceeding three days in all, for 
the purpose of obtaining and receiving such corrected state¬ 
ments. 

The duties of the board of canvassers are ministerial, not judicial. People v. 
Van Slyck, 4 Cow. 297; Ex parte Heath, 3 Hill, 42; People v. Cook, 8 N. Y., 
67; 14 Barb., 259; People v. Canvassers. 64 How., 334; 12 Abb. N. C., 77; Kutz 
v. Same, 12 Abb. N. C., 84; Ex parte Felt, 11 Abb., N S., 203. 

It is not the duty of the board of county canvassers to ascertain which of the 
candidates was, in fact, elected, nor even which of them in fact received the 
greatest number of votes, but simply to determine from the documentary evi¬ 
dence before them, furnished by the action of the inspectors, and upon which 
alone they can act, the number of votes given for each candidate respectively. 
People ex rel. Noyes v. Board, etc., 126 N. Y., 392. The document, from which 
the canvassers are required, in a ministerial capacity, to estimate and certify the 
votes, is called, in the statute, a statement. Id. The form of this statement is 
pointed out by the statute with care. Id. It must have a caption, stating the 
day on which, and the number of the district, the town or ward and the county in 
which the election is held, a statement showing the whole number of ballots for 
each person, etc., which shall be written in words at length; and, at the end 
thereof, a certificate that such statement is correct in all respects, which shall be 
subscribed by the inspectors. The specimen ballots and writing thereon are 
mere exhibits which no more control the words of the statement than did the de¬ 
fective ballot when first required to be preserved and attached. The county can¬ 
vassers may cause any return to be sent back to the inspectors for the purpose of 
correcting clerical errors. Id. They may return a statement to the inspectors 
for the purpose of attaching the sample ballots and noting thereon the number of 
each kind voted, so far as that can be done, but not for the purpose of a recount, 
to vary or contradict the result expressed in the body of the certificate. Id. The 
writing in the body of the certificate must prevail over any contrary result that 
can be obtained from the writing on the ballot. Id. Where the board of county 
canvassers has proceeded erroneously in this respect, the court may by manda¬ 
mus compel it to reconvene and correct the error. Id. 

The county canvassers have no power to determine that ballots, with a different 
initial, were intended for the same person. Kutz v. Canvassers, 12 Abb. N. C., 
84. It is their duty to canvass them as returned. Id. 

The board of county canvassers has no power to pass upon the constitutionality 
of a statute. Matter of Woods, 5 Misc. 575. 

The statute as to counting and certifying the votes of electors for the various 
offices is very plain and concise. Id. 

The local inspectors must count the votes they receive and certify them; and, 
upon those returns, the county canvassing board must declare the result. Id. 
It has power to have‘clerical errors, made by the local boards, corrected, or send 
for complete returns under the statute. Id. 


Election Code. 


’ 109 


The power is nowhere given in the statute for the canvassing hoard to reject 
any votes that comes to it certified in due form bv the local inspectors as having 
been cast at the election. Id. 

The courts have, with great unanimity, sustained the proposition that these 
ministerial boards must simply follow the statute directing their action, and 
not assume in any manner, judicial functions in the discharge of their duties. Id. 

See note under section 114. 

§ 133. Correction in state or county board of canvassers’ state¬ 
ments. — The supreme court may, upon affidavit presented by 
any elector, showing that errors have occurred in any statement 
or determination made by the state board of canvassers, or by 
any board of county canvassers, or that any such board has 
failed to act in conformity to law, make an order requiring such 
board to correct such errors, or perform its duty in the manner 
prescribed by law, or show cause why such correction should not 
be made or such duty performed. If such board shall fail or 
neglect to make such correction, or perform such duty, or show 
cause as aforesaid, the court may compel such board, by writ 
of mandamus, to correct such errors or perform such duty; and 
if it shall have made its determination and dissolved, to recon¬ 
vene for the purpose of making such corrections or performing 
such duty. Such meeting of the board of state or county can¬ 
vassers shall be deemed a continuation of its regular session, 
for the purpose of making such corrections, or otherwise acting as 
the court may order, and the statements and certificates shall 
be made and filed as the court shall direct, and shall stand in 
lieu of the original certificates and statements so far as they 
shall vary therefrom, and shall in all places be treated with the 
same effect as if such corrected statement has been a part of the 
original required by law. A special proceeding authorized by 
this section must be commenced within four months after the 
statement or determination in which it is claimed errors have 
occurred was made, or within four months after it was the duty 
of the board to act in the particular or particulars as to which 
it is claimed to have failed to perform its duty. 

Where votes are returned by the board of inspectors in certain election dis¬ 
tricts as having been cast for David A. Munroe, D. A.. Munroe, and D. A. Munroe, 
Jr., which were in fact cast for David A. Munroe, Jr., but all the sample ballots 
attached to the returns were printed David A. Munroe, Jr., it was held that a 
mandamus could properly issue to the county canvassers requiring them, before 
canvassing the votes, to send such returns as contained those errors back to the 
board of inspectors for correction. People ex rel. Munroe v. Board, etc., 129 N. 
Y. 469. The principle laid down in People ex rel. Noyes v. Board, etc., 126 N. 
y 392 does not preclude the inspectors or canvassers, when it is material to as¬ 
certain the kind of ballots voted,' or the correct name of the person voted for, or 
the correct spelling of the name, from inspecting the sample ballot attached. But 
it is error for such mandamus to require the county canvassers, when these errors 
are corrected, to nroceed to canvass the vote as it appears upon the face of the 


110 


Election Code. 


statements and declare the result, where it appears that some ballots were im¬ 
properly voted and should not be counted. Id. 

The court can not, by a mandamus, compel the county canvassers to omit the 
return from a certain district upon allegations that one of the boxes was feloni¬ 
ously abstracted before the votes were canvassed and another containing ballots, 
substituted in its place. People ex rel. Gregg v. Board, etc., 54 Hun, 595. 
Though in case of two returns, one of which is false, the court may compel the 
board of canvassers to canvass the true one, yet, where there is only one return, 
the statute gives the court no power to interfere with its canvass upon allegations 
of fraud. Id. 

Chap. 460 of 1880 authorized the supreme court, in proceedings by writ of man¬ 
damus, to correct errors in the determination of boards of county convassers 
whenever it shall appear, by affidavit, that errors have occurred in their deter¬ 
mination, and the court might, by order, require said board to correct such errors, 
and if such board shall have made its determination and dissolved, it might be 
reconvened for the purpose of making such corrections, as the court should order. 
People ex rel. Noyes v. Board, etc., 34 N. Y. State Rep. 8. 

The act above cited has been repealed by the present law, but section 133, supra, 
is almost a literal transcript of said chapter. 

By chap. 460 of 1880, the right of the courts to control canvassers was extended 
by allowing the courts to compel them to reconvene and declare a truthful result 
of the returns before them. People v. Canvassers, 64 How., 201 ; 2 Civ. Pro., 452 ; 
Same v. Same, 64 How., 357; 12 Abb. N. C., 77 ; Same v. Same, 64 How., 334 ; 12 
Abb. N. C., 84, 95, 103. _ 

A mandamus will not lie to compel a board of canvassers, after it has performed 
its duties and adjourned sine die, to reassemble and correct its decision. People 
V. Supervisors, 12 Barb. 217. 

See section, supra. 

The common council of the city of Albany, having once legally canvassed the 
votes returned for the election of mayor, has exhausted its power and can not 
afterwards reverse its decision. Hadley v. Albany, 33 N. Y., 603 ; Morgan v. 
Quackenbusli, 22 Barb., 72. 

See notes under sections 32, 110, 114, 131 and 138. 

Under section 133 of the Election Law, the Supreme Court can only correct 
such errors as the county board of canvassers itself made. Matter of Woods, 
5 Misc. 575. 

§ 134. Proceeding of state board of canvassers upon cor¬ 
rected statements. — When a new or corrected statement or cer¬ 
tificate, made by a board of county canvassers, under the provi¬ 
sions of the preceding section, shall vary from the original 
statement or certificate with reference to votes for the offices of 
governor, lieutenant-governor, judge of the court of appeals, 
justice of the supreme court, secretary of state, comptroller, 
state treasurer, attorney-general, state engineer and surveyor, 
senator or representative in congress, or either of them, the 
county clerk, or other officer with whom the same is filed, shall 
forthwith prepare and transmit certified copies thereof to the 
officials mentioned in section one hundred and thirty-seven of 
this act, in the manner therein prescribed. The secretary of 
state shall thereupon file in his office the certified statement 
received by him, and obtain from the governor and comptroller 
the certified statements received by them, or either of them, and 
file the same in his office. He shall then, and within five days 


Election Code. 


Ill 


after any such certified copy of statements has been received by 
him, appoint a meeting of the state canvassers to be held at his 
office, or the office of the state treasurer or comptroller, and the 
said board of state canvassers shall, from such certified copies 
or statements, proceed to make a new statement of the whole 
number of votes given at the election referred to in such state¬ 
ment for the various offices above mentioned, or either of them, 
so far as the number of votes for any particular office or candi¬ 
date has been changed by such new or corrected statements 
in the manner provided by section one hundred and thirty-nine 
of this act. Upon the new or corrected statement thus made, 
the said board of state canvassers shall then proceed to determine 
and declare what person or persons whose votes are affected by 
such new or corrected statement have been, by the greatest num¬ 
ber of votes, duly elected to the various offices, or either of them, 
and the statement, certificate and declaration thereupon made 
shall stand in lieu of the original statement, declaration and 
certificate so far as the latter are changed by the former. The 
supreme court shall, upon application of a candidate interested 
in the result of such new or corrected statement, or of any elector 
in the county from which such statement came, and upon proof 
by affidavit that the same has been made and filed as herein 
provided, and that the state board of canvassers has neglected or 
refused to act thereon within the time above prescribed, require 
said board to act upon such new or corrected statement, and 
canvass the same as above provided, or show cause why it should 
not do so; and in the event of the failure of such board to act 
upon such new or corrected statement and canvass the same, or 
show cause as aforesaid, the court may compel such board by 
writ of mandamus to act upon and canvass such new or corrected 
statement, and make a statement, certificate and declaration in 
accordance therewith; and if the state board of canvassers shall 
have made a determination, and adjourned or dissolved before 
receiving such new or corrected statement, the court may compel 
such board to reconvene for the purpose of carrying out its order 
and direction; and for that purpose the meeting of said board 
shall be deemed a continuance of its regular session. The state 
board of canvassers and the secretary of state shall respectively 
have the same powers, and discharge the same duties with refer¬ 
ence to statements made under this section, that they have and 
are charged with under the provisions of section one hundred 
and thirty-nine, and one hundred and forty, of this act. 


112 


Election Code. 


§ 135. Statements of canvass by county boards.—Upon the 
completion by a county board of canvassers, of the canvass of votes 
of which original statements of canvass, or certified copies thereof, 
are by law required to be delivered to them, by the boards of officers, 
with whom the same may have been filed by the inspectors of election 
they shall make separate statements thereof as follows : 

1. One statement of all such votes cast for each office of elector of 
president and vice-president of the United States. 

2. One statement of all such votes cast for each state office. 

3. One statement of all such votes cast for each office of representa¬ 
tive in congress, except that the board of canvassers in the county of 
New York shall not make a statement of the votes cast in any election 
district in said county, for any candidate for the office of assemblyman, 
senator or representative in congress, the candidates for which were 
also voted for by electors in election districts in any county not 
within The City of New York. 

4. One statement as to all such votes cast upon every proposed 
constitutional amendment or other proposition or question duly sub¬ 
mitted to all the electors of the state. 

5. One statement as to all the votes cast for all and each of the 
candidates for each office of member of assembly for which the 
electors of such county or any portion thereof, except as provided in 
the paragraph numbered three in this section, were entitled to vote 
at such election. 

6. One statement as to all the votes cast for each county office, and 
office of school commissioner, for which the electors of such county, 
or any portion thereof, were entitled to vote at such election, and to 
be canvassed by them. 

7. One statement as to all the votes, if any, so cast upon any propo¬ 
sition or question upon which only the electors of such county 
were entitled to vote at such election. 

8. In the counties wholly or partly within The City of New York, 
the respective county boards shall make a separate statement as to 
the votes, if any, so cast upon any proposition or question upon which 
only the electors of such city were entitled to vote at such election 
in such county or portion thereof. Each such statement shall set 
forth, in words written out at length, all such votes cast for all the 
candidates for each such office ; and if any such office was to be filled 
at such election by the electors of a portion only of such county all 


r 


Election Code. 


113 


the votes cast for all the candidates for each office in any such por¬ 
tion of the county, designating by its proper district number or other 
appropriate designation, the names of each such candidate and the 
number of votes so cast for each, the whole number of votes so cast 
upon any proposed constitutional amendment or other proposition or 
question, and of all the votes so cast in favor of and against the same 
respectively. In the counties wholly or partly within The City of 
New York the respective county boards shall make a separate state¬ 
ment of the votes cast for all the city offices voted for by the electors 
of such city or any portion thereof, within such counties. If, upon 
such canvass, in any original statement or duly certified copy of an 
original statement of the result of the canvass of the votes of any 
election district in such county or city, there shall be included any 
ballot indorsed by the inspectors to the effect that it was objected to 
as marked for identification, the county and city boards of canvass¬ 
ers shall add to each statement in which the counting of any such 
ballot or any portion thereof is included, a statement of the whole 
number of ballots so indorsed and counted. If, upon such canvass 
in any original statement or duly certified copy of an original state¬ 
ment of the result of the canvass of the votes of any election district 
there shall be included anv ballot indorsed bv the inspectors to the 
effect that it was rejected as void, the county and city boards of 
canvassers shall add to each statement, a statement of the whole 
number of ballots so indorsed. The statements required by this 
section shall each be certified as correct over the signatures of the 
members of the board, or a majority of them, and shall be filed and 
recorded in the office of the county clerk of such county. When the 
whole canvass shall be completed, the original statements of canvass 
and certified copies used thereat shall be filed in the office of the 
secretary of the board. The certified copies of such original state¬ 
ment of canvass not used at the canvass and the sealed packages of 
void and protested ballots shall be retained in the office in which 
or by the officer with whom they were filed. The sealed packages of 
void and protested ballots shall be retained inviolate in the office in 
which they are filed subject to the order and examination of a court 
of competent jurisdiction and may be destroyed at the end of six 
months from the time of the completion of such canvass, unless 
otherwise ordered by a court of competent jurisdiction. 

The statements returned by the county board of canvassers cannot lawfully con¬ 
tain anything except the whole number of votes given in each town and district, 
the names of the candidates and the number of votes given to each. Matter of 
People ex rel. Derby v. Rice, 129 N. Y., 461. 

15 


114 


Election Code. 


§ 136. Decisions of county board as to persons elected.— 

Upon the completion of the statements required by section one hun¬ 
dred and thirty-five of this act the board of canvassers for each 
county shall determine what person has by the greatest number of 
votes been so elected to each office of member of assembly to be 
filled by the electors of each county for which they are county can¬ 
vassers if constituting one assembly district, or in each assembly dis¬ 
trict therein, if there be more than one, and each person elected by 
the greatest number of votes to each county office of such county to 
be filled at such election, and if there be more than one school com¬ 
missioner district in such county, each person elected by the greatest 
number of votes to the office of school commissioner to be filled at 
such election in each such district. The county clerk of the county 
of Hamilton shall forthwith transmit to the county clerk of the 
county of Fulton, a certified copy of the statement sc filed and record 
it in his office, of the county board of canvassers of Hamilton county, 
as to all the votes so cast in Hamilton county for all the candidates 
and for each of the candidates for the office of member of assembly 
of the assembly district composed of Fulton and Hamilton counties; 
and the county clerk of Fulton county shall forthwith deliver the 
same to the Fulton county board of canvassers, who shall from such 
certified copy, and from their own statement as to the votes so cast 
for such office in Fulton county, determine what person was at such 
election elected by the greatest number of votes to such office. Such 
board of each county shall determine whether any proposition or 
question submitted to the electors of such county only, has by the 
greatest number of votes been adopted or rejected. All such deter¬ 
minations shall be reduced to writing, and signed by the members of 
such board, or a majority of them, and filed and recorded in the 
office of the county clerk of such county, who shall cause a copy 
thereof, and of the statements filed and recorded in his office, upon 
which such determination was based, to be published in accordance 
with the provisions of sections twenty-one and twenty-two of the 
county law. The clerk of each county shall prepare as many certi. 
fied copies of each certificate of the determination of the county 
board of canvassers of such county as there are persons declared 
elected in such certificate, and shall, without delay, transmit such 
copies to the persons therein declared to be elected respectively. 

§ 137. Transmission of statements of county boards to sec¬ 
retary of state and municipal assembly.—Upon the filing in the 


Election Code. 


115 


office of the county clerk of a statement of the county board of can¬ 
vassers as to the votes cast for candidates for the offices of electors of 
president and vice-president, or as to the votes cast for candidates for 
state officers, except member of assembly and for representatives in 
congress, or as to the vote cast on any proposed constitutional 
amendment or other proposition or question submitted to all the 
electors of the state, such county clerk shall forthwith make three 
certified copies of each such statement, and within five days after the 
filing thereof in his office, transmit by mail one of such copies to the 
secretary of state, one to the governor and one to the comptroller of 
the state. The governor and comptroller shall forthwith upon the 
receipt thereof by them deliver such certified copies to the secretary 
of state. If any certified copy shall not be received by the secretary 
of state on or before the last day of November next after a general 
election, or within twenty days after a special election, he shall dis¬ 
patch a special messenger to obtain such certified copy from the 
county clerk required to transmit the same, and such county clerk 
shall immediately upon demand of such messenger at his office make 
and deliver such a certified copy to such messenger who shall, as 
soon as practicable, deliver it to the secretary of state. The county 
clerk of each county shall transmit to the secretary of state within 
twenty days after a general election, and within ten days after a 
special election, a list of the name and residence of each person de¬ 
termined by the board of county canvassers of such county to be 
elected member of assembly, school commissioner, and to any county 
office; and on or before the fifteenth day of December in each year a 
certified copy of the official canvass of the votes cast in each such county 
by election districts at the last preceding general election. The secre¬ 
tary of state shall obtain from the governor and comptroller such certi¬ 
fied copies so transmitted to them and file the same in his office. 
Upon the filing in the office of the county clerk of a county wholly or 
partly within The City of New York of a statement of the county 
board of canvassers as to the votes cast for candidates for a city office 
within such city such county clerk shall forthwith make a certified 
copy of each such statement and, within five days after the filing 
thereof in his office, deliver in a sealed envelope such certified copy 
to the clerk of the municipal assembly of The City of New York at 
his office in the borough of Manhattan; on or before the fifteenth 
day of December in any year in which there shall have been an elec¬ 
tion for a city office for which votes were cast in such county wholly 
or partly within The City of New York the county clerk thereof 


116 


Election Code. 


shall file with the city clerk of such city a certified copy of the offi¬ 
cial canvass of the votes cast in such county or portion thereof by 
election districts for such city office and such canvass by election 
districts shall, as soon as possible thereafter, be published in the City 
Record. 

§ 138. Organization and duties of board of canvassers of 
the city of New York. —The municipal assembly of The City of 
New York shall be the board of canvassers of The City of New 
York of the statements of the countv board of canvassers of the 
counties wholly or partly within such city of the votes cast in such 
city or any portion thereof for a city office or upon any proposition 
or question upon which only electors of such city were entitled to 
vote. The members of the municipal assembly shall meet at the 
usual place for holding their regular meeting of such body on the 
first Monday in December succeeding a general election for a city 
office within such city and within thirty days after such special elec¬ 
tion and shall organize by selecting one of the members as chairman. 
The clerk of the municipal assembly shall be the secretary of such 
board or if he be absent or unable to serve his chief deputy shall be 
the secretary of such board. The secretary shall thereupon admin¬ 
ister to the chairman the constitutional oath of office and the chair¬ 
man shall administer such oath to the members of such board and 
the secretary thereof. As soon as such board shall have organized 
the secretary shall deliver to such board the certified copies of the 
statements of the county boards of canvassers of each county wholly 
or partly within such city of the votes cast for candidates for city 
office within such city and upon any proposition or question, if any 
submitted, to the electors of such city only and the said board shall 
proceed to canvass such statements. If a certified copy of any state¬ 
ment of any county board required to be delivered to said board 
shall not be delivered prior to the meeting and organization of said 
board, it may adjourn such meeting from day to day not exceeding 
a term of five days and it shall be the duty of the secretary to pro¬ 
cure from the county clerk of such county the required certified copy 
of such statement. Upon the completion of such canvass said board 
shall make separate tabulated statements signed by the members of 
such board or a majority thereof, and attested by the secretary, of 
the whole number of votes cast for all the candidates for each office 
shown by such certified statements to have been voted for and of the 
whole number of votes cast for each of such candidates, indicating 


Election Code. 


117 


the number of votes cast in each county for them, and if the voters 
of not more than one county or portion of such county were entitled 
to vote for such candidates, the name and portion of such county 
and the name of each candidate, and the determination of the board 
of the persons thereby elected to such office by the greatest number 
of votes. The said board shall also make a separate similar tabu¬ 
lated statement of the vote cast upon any proposition or question 
submitted at the election to the electors of such city only and shall 
include a determination as to whether such proposition or question 
by the greatest number of votes has been adopted or rejected. Each 
such statement and determination shall be filed and recorded in the 
office of the clerk of the municipal assembly and the said board shall 
cause the publication of the same in at least two newspapers within 
such county wholly within such city and in the City Record. Upon 
the filing in his office of such statements and determination the clerk 
of the municipal assembly shall issue and transmit by mail or other¬ 
wise a certificate of election to each person shown thereby to be 
elected, such certificate to be countersigned by the mayor of The 
City of New York under the seal of The City of New York. 

§ 139. Organization of state board of canvassers.— The secre¬ 
tary of state, attorney-general, comptroller, state engineer and 
surveyor, and treasurer, shall constitute the state board of can¬ 
vassers, three of whom shall be a quorum. If three of such 
officers shall not attend on a day duly appointed for a meeting 
of the board, the secretary of state shall forthwith notify the 
mayor and recorder of the city of Albany to attend such meet¬ 
ing, and they shall forthwith attend accordingly, and shall, 
with the other such officers attending, constitute such board. 
The secretary of state shall appoint a meeting of such board at 
his office, or at the office of the treasurer or comptroller on or 
before the fifteenth day of December next after each general elec¬ 
tion, and within forty days after each special election, to canvass 
the statements of boards of county canvassers of such election. 
He shall notify each member of the board of such meeting. The 
board may adjourn such meeting from day to day, not exceeding 
a term of five days, 


117a 


Election Code. 


The board of state canvassers act ministerially. Matter of Sherwood 0 . State 
Board, etc., 129 N. Y., 360; Matter of People ex rel. Derby v. Rice, id., 461. 

Though the state board of canvassers has no right to consider any affidavits or 
papers other than the certified copies of the statements made by the boards of 
county canvassers, yet a writ of peremptory mandamus should not issue to the 
secretary of state requiring him to return such papers to the county canvassers 
and forbidding him from laying them before the state board. Matter of People 
ex rel. Sherwood v. Rice, 129 N. Y., 391. 

The board of state canvassers must determine who has been elected upon state¬ 
ments which it has made up in an arithmetical manner from the various official 
returns of the boards of county canvassers before them, and are without power to 
regard or to act upon anything before them in relation to the election but the cer¬ 
tified statements required by statute to be made and filed by the county board. 
Matter of People ex rel. Derby v. Rice, 129 N. Y., 461. 

The board of state canvassers has no power or jurisdiction to go outside of the 
returns of the county canvassers, or to institute an inquiry as to the eligibility of 
the candidates who were voted for by the electors. Matter of Sherwood v. State 
Board, etc., 129 N. Y., 360. None of the officers, clothed with the duty to can¬ 
vass votes, derive any power to pass upon the eligibility of candidates and to dis¬ 
regard votes cast for an ineligible candidate. Id. The state canvassers have no 
official act to perform in reference to this matter, and can require no information 
or proof to enable them to enter upon such inquiry. Id. They can have no need 
of proof which will enable them to go back, or outside, of the returns. Id. There 
are cases in which the state cauvassers may receive information or proof, one of 
which is, where it is claimed that the returns are spurious, or forged, or have 
been altered. Id. In such case, they may take proof by affidavit to inform them¬ 
selves as to the facts. Id. 

For the settlement of contests over elections, courts exist with adequate powers 
to investigate the causes of complaint, and, for that end, to take proofs and to ad¬ 
judge accordingly; while as to the elections, returns and qualifications of its own 
members, each house of the legislature shall judge. Matter of People ex rel. 
Derby v. Rice, 129 N. Y., 461. The boards of canvassers can not hear or con¬ 
sider evidence outside of the returns. Id. They are restricted by the law of 
their creation to certain prescribed functions, and in their fulfillment they act 
under the written commands of the statute. Id.; People 0 . Cooke, 8 N. Y., 67. 

Where the return before the state board is proper and valid on its face, but un¬ 
contradicted allegations are made that it is based upon improper and illegal 
action of the board of county canvassers in transposing the votes cast, whereby 
they enlarge the plurality of one candidate so as to change the result of the elec¬ 
tion, the court should not permit the state board to canvass such return. Matter 
of People ex rel. Daley v. State Board, etc., 129 N. Y., 449. If another return is 
sent to the board, properly authenticated and containing the result of the legal 
action of the board of county canvassers, the state board can canvass it. Id. 

See note under section 131. 


§ 140. Canvass by state board. — Such board shall at such 

meeting proceed to canvass the certified copies of the statements 
of the county board of canvassers of each county in which such 
election was held. If any member of such board shall dissent 
from a decision of the board, or shall deem any of the acts or 
proceedings of the board to be irregular, and shall protest against 
the same, he shall state such dissent or protest in writing signed 
by him, setting forth his reasons therefor, and deliver it to the 
secretary of state, who shall file it in his office. Upon the com¬ 
pletion of such canvass, such board shall make separate tabulated 
statements signed by the members of such board, or a majority 


Election Code. 


117 b 


thereof, of the whole number of rotes cast for all the candidates 
for each office shown by such certified copies to hare been roted 
for, and of the whole number of rotes cast for each of such candi¬ 
dates, indicating the number of rotes cast in each county therefor, 
and if the roters of not more than one district of the state were 
entitled to rote for such candidates therefor, the name and 
number of such district, and the name of each candidate and the 
determination of the board of the persons thereby elected to such 
office; the whole number of rotes shown by such certified copies 
to hare been cast upon each proposed constitutional amendment 
or other proposition or question shown by such copies to hare 
been roted upon, the whole number of rotes cast in faror of and 
against each, respectively, and the determination of the board 
as to whether it was adopted or rejected. Each such statement, 
dissent and protest, shall be delivered to the secretary of state, 
and recorded in his office. 

§ 141. Certificates of election.— The secretary of state shall 
thereupon forthwith transmit a copy, certified by his signature 
and official seal, of each such statement as to rotes cast for candi¬ 
dates for any office, to the person shown thereby to hare been 
elected thereto. He shall prepare a general certificate, under the 
seal of this state, and attested br him as secretarr thereof, 
addressed to the house of representatires of the United States, 
in that congress for which any person shall hare been chosen, 
of a due election of the persons so chosen at each election as 
representatire of this state in congress; and shall transmit the 
same to the house of representatires at their first meeting. If 
either of the persons so chosen at such election shall hare been 
elected to supply a racancy in the office of representative in 
congress, it shall be mentioned by the secretary of state in the 
statements to be prepared by him. 

§ 142. Record in office of secretary of state of county officers 
elected.— The secretary of state shall enter in a book to be kept 
in his office the names of the respectire county officers elected in 
this state, including school commissioners, specifying the counties 
and districts for which they were sererally elected, and their 
places of residence, the offices to which they were respectirelr 
elected and the terms of office. 


118 


Election Code. 


ARTICLE VII. 

Electors of President and Vice-President, and Representatives 

in Congress. 

Section 1G0. Representatives in congress. 

161. Electors of president and vice-president. 

162. Meeting and organization of electoral college. 

163. Secretary of state to furnish list of electors. 

164. Vote of the electors. 

165. Appointment of messenger. 

166. Other lists to be furnished. 

167. Compensation of electors. 

168. Laws repealed. 

§ 160. Representatives in congress. — Representatives in the 
house of representatives of the congress of the United States shall 
be chosen in the several congressional districts at the general 
election held therein in the year eighteen hundred and ninety-six 
and every second year thereafter. If any such representative 
shall resign, he shall forthwith transmit a notice of his* resigna¬ 
tion to the secretary of state, and if a vacancy shall occur in any 
such office, the clerk of the county in which such representative 
shall have resided at the time of his election, shall, without 
delay, transmit a notice thereof to the secretary of state. 

§ 161. Electors of president and vice-president. — At the general 
election in November, preceding the time fixed by the law of the 
United States for the choice of president and vice-president of 
the United States, there shall be elected by general ticket as many 
electors of president and vice-president as this state shall be enti¬ 
tled to, and each elector in this state shall have a right to vote 
for the whole number, and the several persons to the number 
required to be chosen having the highest number of votes shall 
be declared and be duly appointed electors. 

§ 162- Meeting and organization of the electoral college.— The 
electors of president and vice-president shall convene at the 
capitol on the second Monday in January next following their 
election, and those of them who shall be assembled at twelve 
o’clock, noon, of that day, shall immediately at that hour fill, by 
ballot, and by plurality of votes, all vacancies in the electoral 
college occasioned by death, refusal to serve or neglect to attend 
at that hour, of any elector, or occasioned by an equal number of 


Election Code. 


119 


votes having been given for two or more candidates. The elec¬ 
toral college being thus completed, they shall then choose a 
president, and one or more secretaries from their own body. 

§ 163. Secretary of state to furnish lists of electors. —The secre¬ 
tary of state shall prepare three lists, setting forth the names of 
such electors, and the canvass under the laws of this state, of the 
number of votes given for each person for whose election any 
and all votes were given, together with the certificate of deter¬ 
mination thereon, by the state canvassers; procure to the same 
the signature of the governor; affix thereto the seal of the state, 
and deliver the same thus signed and sealed to the president of 
the college of electors on the second Monday in January. 

§ 164. Vote of the electors. — Immediately after the organiza* 
tion of the electoral college, the electors shall then and there vote 
by ballot for president and vice-president, one of whom at least 
shall not be an inhabitant of the same state with themselves. 
They shall name in their ballots the person voted for as president, 
and in distinct ballots, the person voted for as vice-president* 
They shall make distinct lists of all persons A’oted for as presi¬ 
dent, and of all persons voted for as vice-president, and of the 
number of votes for each, which lists they shall sign and certify, 
and after annexing thereto one of the lists received from the sec¬ 
retary of state, they shall seal up the same, certifying thereon, 
that lists of the votes of this state for president and vice-presi¬ 
dent are contained therein. 

§ 165. Appointment of messenger. — The electors shall then, by 
a writing under their hands, or under the hands of a majority of 
them, appoint a person to take charge of the list so sealed up, 
and to deliver the same to the president of the senate, at the seat 
of government of the United States, before the third Monday in 
the said month of January. In case there shall be no president 
of the senate at the seat of government, on the arrival of the per¬ 
son intrusted with the lists of the votes of the electors, then such 
person shall deliver the lists of votes in his custody into the office 
of the secretary of state of the United States. 

§ 166. Other lists to be furnished. — The electors shall also for¬ 
ward forthwith, by the post-office in the city of Albany, to the 
president of the senate of the United States at the seat of govern¬ 
ment, and deliver forthwith to the judge of tire United States 
court for the northern district of the state of New York, similar 
lists signed, annexed, sealed up and certified in the manner 
aforesaid. 


120 


Election Code. 


§ 167. Compensation of electors —Every elector of the state 
for the election of a president and vice-president of the United 
States, who shall attend at any election of those officers and give 
his vote at the time and place appointed by law, shall be entitled 
to receive for his attendance at such election, the sum of fifteen 
dollars per day, together with ten cents per mile each way, from 
his place of residence, by the most usual traveled route, to the 
place of meeting of such electors, to be audited by the comptroller 
upon the certificate of the secretary of state, and paid by the 
treasurer. 

§ 168. Laws repealed. — Of the laws enumerated in the schedule 
hereto annexed, that portion specified in the last column is 
repealed. 

SCHEDULE OF LAWS TO BE REPEALED BY THE ELEC¬ 
TION LAW. 


LAWS OF — 

Chapter. 

Sect 

1842. 

.. 130. 

. All. 

1844. 

. 331. 

. All. 

1847.. 

. 240. 

. All. 

1854. 

. 286. 

. All. 

1855. 

_ 513. 

. All- 

1856. 

. 79. 

. All. 

1860. 

. 480. 

. All. 

1870. 

. 134. 

. All. 

1870. 

....... 388. 

. All. 

1871. 

. 712. 

. All. 

1875. 

.. 138.*. 

. All. 

1876. 

. 287. 

. All. 

1877. 

. 322. 

. All. 

1878. 

. 354. 

. All. 

1880. 

. 56. 

. All. 

1880. 

. 366. 

. All. 

1880. 

. 437. 

. All 

1880. 

. 460. 

. All- 

1880. 

.. 553. 

. All. 

1881. 

. 137. 

. All. 

1881. 

_ 163. 

. All. 

1882.. 


. All. 

1882. 


















































Election Codb, 


121 


I1Z1W8 OF— Chapter. Sections. 

1882..J. .... 410.. 1839 to 1844 in- 

elusive, 1846, 1847 
and 1848; 1850 to 
1861 inclusive, 
1864 to 1866 in¬ 


clusive, and 1868 
to 1929 inclusive, 
and 1931. 

1883__380_ All. 

1883...... 422..... All. 

1885.. 446.All. 

1887 ... 265_ All. 

1888 .. 583. For sections re¬ 

pealed in title 
XX, as amended, 
see chapter 236, 
Laws 1891, in this 
’schedule. 


1889. r*T.t.L. .-.L.1.1. . 

1.. 

. All. 

1890___ 

117_ _ _ 

. All. 

1890.... . . 

169 _ 

. All. 

1890 ---- 

262 -- 

. All. 

1890 ___ 

321 .. 

. All. 

1890 .. 

355 _ _ 

. All. 

1891...,,,..,,,.,,.,,,,,, 

7 --- 

. All. 

1891. . 

236_ ..._ 

. Sections 3 to 25 in- 


elusive, all after 
the word “ board ” 


in the last line of 
section 26, and sec¬ 
tions 27 to 32 in¬ 
clusive, of title 
XX of chapter 583, 
Laws of 1888, as 
amended by chap¬ 
ter 236, Laws 1891. 

L891 

1891 

1892 

1893 

1893 


+ I • •!• • 

>• • • • 


296.. All. 

336_.....- All. 

680. All. 

233_ All. 

274.. ....- All. 


16 








































122 

Election Code. 


LAWS OF- 

Chapter. 

Sections. 

1893. 


„ air. 

1894... 

_ 61-- 

, ah. 

1894. 

. 275__ 

All. 

1894. 

. 302. 

All. 

1894. 

. 348... 

2, 3, 4, 5 and 6L 

1895. 

. 810. 

, AU. 

1895. 

. 909. 

All. 

1895. 

. 991. 

, All. 

1895. 

. 992..... 

All. 

1895. 

. 993. 

All. 

1895. 


All. 





• H 



































ELECTION CODE. 


122-1 


Chap. 381. 

AN ACT relating to tlie election of city officers of The City of 
New York, as constituted by the Greater New York charter, at 
the general election to be held in November, in the year eighteen 
hundred and ninety-seven, and for the canvass and return of the 

votes thereof, and the determination of persons elected thereat. 

« 

Passed without the acceptance of the city. 

Became a law May 6, 1897, with the approval of the Governor. 

Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follozvs: 

Section 1. Unless otherwise provided in this act, the officers 
or boards charged with the execution of the provisions of the elec¬ 
tion law shall continue to do and perform such acts as they are 
required by the election law to do and perform within The City of 
New York, as constituted by the Greater New York charter. 

§ 2. The provisions of the election law, constituting chapter six 
of the general laws, applicable to cities of the first class relating to 
the registration of electors, the conduct of the election and the 
canvass and return of the votes for a general election which are 
not inconsistent with or contrary to the provisions of this act, shall 
be deemed to apply to all election districts within the boundaries 
of The City of New York, as constituted by the Greater New York 
charter, for and at the general election to be held in the year 
eighteen hundred and ninety-seven, in And for such election dis¬ 
tricts. 

§ 3. The town board of the town of Hempstead, in the county of 
Queens shall, on or before the first day of July in the year eighteen 
hundred and ninety-seven, divide such town into election districts 
which shall contain as near as may be four hundred electors. Such 
election districts so created shall be compact in form, and shall be 
respectively wholly within or wholly without the boundary, within 
such town, of The .City of New York, as constituted as aforesaid. 


122-2 


ELECTION CODE. 


§ 4. Certificates of nomination of candidates for a city office to 1 
be voted for at the general election in the year eighteen hundred; 
and ninety-seven, in The City of New York, or any part thereof, as 
constituted by the Greater New York charter, shall be filed as fol¬ 
lows: Certificates of nomination of candidates to be voted for by 
all the electors within the territory of The City of New York, con¬ 
stituted as aforesaid, shall be filed with the board of police com¬ 
missioners of Thei City of New York. Said board shall forthwith 
hie a certified copy of each such certificate with the board of elections 
of the city of Brooklyn, and with the county clerk of the counties of 
Richmond and Queens, respectively. Certificates of nomination of 
candidates to be voted for by only the electors or a portion of the 
electors of the county of New York, shall be filed with the board 
of police commissioners of The City of New York. Certificates of 
nomination of candidates to be voted for by only the electors or a 
portion of the electors of Kings county, shall be filed with the 
board of elections of the city of Brooklyn. Certificates of nomina¬ 
tion of candidates to be voted for by only the electors or a portion 
of the electors of the county of Richmond or the county of Queens 
shall be filed with the clerk of such counties, respectively. 

§ 5. At the general election to be held in the year eighteen hun¬ 
dred and ninety-seven, the board of inspectors in each election dis¬ 
trict within The City of New York, as constituted by the Greater 
New York charter, shall forthwith, upon the completion of the count 
of votes for each city office respectively, and the announcement 
thereof, deliver at the place of canvass to the police officer or con¬ 
stable present, or if there be no police officer or constable present, 
then to some other person authorized by such board to file the 
same, a statement subscribed by the board of inspectors, stating 
the number of votes received by each candidate for such office in 
such election district. Such statement shall forthwith be conveyed 
by the officer or person to whom it is delivered to the police head¬ 
quarters of the precinct or other police division in w T hich the place 
of canvass is located, and he shall deliver it inviolate to the officer 
in command thereof, who shall immediately transmit by Telegraph, 
telephone or messenger the contents of such statement to the chief 
of police of The City of New York at police headquarters in such 
city. Such statements shall be preserved by the police for six 
months, and shall be presumptive evidence of the true result of such 
canvass for each such office. 


ELECTION CODE. 


122-3 


§ 6. The county board of canvassers of the counties which are 
wholly or partly within The City of New York, as constituted by the 
Greater New York charter, shall be the board of canvassers of the 
votes cast therein for a city office at the general election to be held 
in the year eighteen hundred and ninety-seven, and in addition to 
the statements required to be made by them by the election law, 
shall make and certify a separate statement of the votes cast for 
each city office voted for by the electors of *such respective counties 
or any portion thereof in the same form as prescribed for other like 
statements made by such board. All such statements shall be filed 
by the secretary of the respective county board of canvassers of 
such counties with the board of police commissioners of The City of 
New York not less than three calendar days prior to the first Mon¬ 
day in December succeeding such election. 

§ 7. The board of police commissioners of The City of New York 
shall be the city board of canvassers of The City of New York, as 
constituted by the Greater New York charter, of the statements 
of the votes cast at the election in the year eighteen hundred and 
ninety-seven for municipal officers in The City of New York so con¬ 
stituted, or any part thereof. Three members of such board shall 
constitute a quorum. If three of such officers shall not attend on 
a day duly appointed for a meeting of the board, the secretary of 
the board shall forthwith notify the mayor and recorder of The 
City of New York to attend such meeting, and they shall forthwith 
attend accordingly, and shall, with the other members of the board 
of police commissioners attending, constitute such board. The chief 
clerk of the board of police shall be the secretary of the city board 
of canvassers created by this act. The president of the board of 
police commissioners shall be the president of the board of can¬ 
vassers, and he shall appoint a meeting of such board at police 
headquarters in The City of New York on the first Monday of De¬ 
cember next after such election to canvass the statements of the 
boards of county canvassers of such elections for city officers. He 
shall notify each member of the board of such meeting. The board 
may adjourn such meeting from day to day not exceeding a term of 
five days. 

§ 8. Said board shall, at such meeting, proceed to canvass the 
certified statements of the county board of canvassers of each 
county in which such election was held. If any member of such 
board shall dissent from a decision of the board, or shall deem any 
rvf thp rtpfs nr proceedings of the board to be irregular, and shall 


122-4 


ELECTION CODE. 


protest against the same, lie shall state such dissent or protest in 
writing signed by him, setting forth his reasons therefor, and 
deliver it to the secretary of the board who shall file it in his office. 
Upon the completion of such canvass, such board shall make sep¬ 
arate tabulated statements signed by the members of such board, 
of a majority thereof, of the whole number of votes cast for all the 
candidates for each office shown by such certified statements tohave 
been voted for, and of the whole number of votes cast for each of 
such candidates, indicating the number of votes cast in each county 
therefor, and if the voters of not more than one county or portion 
of such county were entitled to vote for such candidates, the name 
and portion of such county, and the name of each candidate, and the 
determination of the board of the persons thereby elected to such 
office by the greatest number of votes. Each such statement and 
determination shall be filed and recorded in the office of the clerk 
of the board of aldermen of The City of New York, who shall cause 
the publication thereof to be made once in at least two newspapers 
in each county or portion of the county within The City of New 
York, as constituted by the Greater New York charter, and also it 
detailed statement thereof to be published in the City Record show¬ 
ing the votes cast in each election district for each such city office. 

§ 9. Upon the completion of such canvass by (such board and 
the determination thereof, the president of the board of police 
commissioners shall forthwith transmit a certificate of election to 
each person shown thereby to have been elected to office. Such 
certificate shall be countersigned by the secretary of the board un¬ 
der the seal of the city and county of New York. 

§ 10. This act shall take effect immediately. 


SUPPLEMENTAL 


1 

Annotations to Election Code, 

1897. 


Section 12. Election officers—appointment of.—The present 

election law has made the decisions in the cases of people ex rel. 
YanWyck v. Wheeler, 18 Ilun, 540; Matter of Mitchell, 81 Ilun, 
401, and like cases, obsolete. People v. Gleason, 18 Misc. 511. No 
local faction or organization is in or of a party, and thus entitled to 
representation in the election officers, unless it is recognized by, and 
is thus actually in and of the state party organization. Id. The 
persons, proposed to the appointing officer or board by the political 
party for appointment as election officers “ may be examined as to 
their qualifications” by such appointing officer or board. Id. This 
has reference to the qualifications specified by the election law. Id. 
The appointing officer or board can not make other tests. Id. Elec¬ 
tion officers are specially exempted from the operation of the Civil 
Service law, §8, ch. 357 of 1884. Id. Those found qualified under 
the election law must be appointed. Id. If they are found dis¬ 
qualified, others may be proposed in their stead by a supplemental 
list authenticated the same as the original lists. Id. These may be 
examined in like manner and qualified or rejected. Id. If no list 
is submitted by a political party entitled to such election officer, or, 
if the persons submitted be found disqualified, then such officers or 
board ‘‘shall proceed to select in such manner as may seem to him or 
them feasible from the members of the party or parties in default, or 
whose nominees have been found disqualified, and shall appoint 
suitable persons to act as election officers." Id. The appointees 
must be “from the members of the party” in default, or whose pro¬ 
posed appointees were so found disqualified. Id. The reference to 
party is all the time to state parties. Id. The state party is made 
up of local sections or segments, being local organizations, all con¬ 
nected with the state party organization. Id. Local organizations, 



122b 


Election Code. 


not connected with the state organization, are not part of the state 
party. Id. Unity of political faith in state politics is not enough; 
actual unity in state party organization is essential. Id. Without 
the latter, a local organization, however numerous, is not of the party. 
Id. In case of rival organizations, the statute leaves no room for 
debate in respect of which is in, and which outside, the party. Id. 
“The faction or section of such party which was recognized as 
regular by the last preceding state convention of such party,” or by 
the state committee, if no convention has been held within the year, 
is the one which the statute in so many words requires shall have 
half of the election officers. Id. Where a list of proposed election 
officers was authenticated and filed by the local organization re¬ 
cognized as regular by the last preceding state convention of the 
party, and the mayor examined and refused to appoint many of the 
men whose names appeared on said list and also on a supplemental 
list duly filed, but appointed in their stead persons wdio were not 
members of the party, this is an omission, refusal and neglect to per¬ 
form a duty required by the election law, which constitutes a criminal 
offense under § 41j of the Penal Code, Cr. 

Section 81. An order to show cause why the name of a person 
should not be stricken from a registry list need not be served upon 
any one except such person, though the order provides for service 
upon others. Matter or Griffiths, 16 Misc. 128. 

Section 34. Qualification of voter—An inmate of an institu¬ 
tion, not supported in whole or in part at public expense, who was 
not so supported, but who had gained a legal voting residence in the 
district prior to the taking effect of the constitution of 1894, is not 
deprived of his right to vote by the provisions of § 3, art. 2 of state 
Constitution. Matter of Griffiths, 16 Misc. 128. 

Section 50. Chairman,—The action of a person, who is desig¬ 
nated by the Republican County Committee of the city of New 
York to preside over an assembly district convention as temporary 
chairman, in refusing, upon a demand made, to call the roll of 
the certified members of the convention, upon a vote for the office of 
temporary chairman, and in putting the question to vote viva voce , 
is illegal. French v. Roosevelt, 18 Misc. 307. The roll is the only 
evidence of the true membership of the convention. Id. The neces¬ 
sity for such preliminary roll in such cases is plain. Id. Without 


Election Code. 


122o 


it, the officer or person calling the convention to order and presiding 
over its action, in the selection of a temporary chairman, is abso¬ 
lutely without proper evidence before him of the right of those vot¬ 
ing to take part in the proceedings of the convention. Id. The duly 
certified action of the inspectors of election and the right of the dele¬ 
gates, who are certified by them to their seats cannot be questioned 
in the proceedings for temporary organization. Id. It is the dele¬ 
gates themselves who are the judges of the election and qualification 
of the members, and the credentials, until they have been passed 
upon by them, are unassailable. Id. Where, upon a refusal to call 
the roll, another convention is held in the same hall upon a roll call, 
in which a majority of the legal delegates participate, the nominee of 
the latter convention will be deemed regular. Id. 

Section 53. Primary. —Upon an application to compel an en¬ 
rollment committee of a political association to place the applicant 
upon the rolls of the association, a denial in the opposing affidavits- 
upon information and belief, that the petitioner is attached to the 
principles of the party and supported its ticket at the last election, is 
worthless. Matter of Guess, 16 Misc. 306. Only positive state¬ 
ments of fact are considered in mandamus proceedings. Id. Un¬ 
specific and undefinite statements and denials, or statements and de¬ 
nials upon information and belief, are of no value. Id. 

Political primaries are now under the sanction and control of the 
law. Id. 

Quare. Whether a condition in a resolution, adopted by a party, 
that no one should be enrolled or should vote at a primary who had 
not voted the party ticket at the last preceding election, is reasonable 
or lawful in view of the secrecy of voting required by law. Id. 

The question whether a person is entitled to be enrolled and to 
vote at the primaries, does not depend upon the discretion nor upon 
the decision of the enrolling committee, but upon the fact of whether 
be possesses the requirements. Id. 

Section 56. Review. —The Election Law provides that, when a 
certificate of nomination has been filed by the clerk, the supreme 
court, or any justice thereof within the judicial district, or any 
county judge within the county, shall have summary jurisdiction to 
review the determination and make such order as justice may re¬ 
quire. Matter of Emmet, 150 N". Y. 538, rev g 9 A. I). 237. But 


122d 


Election Code. 


the order must be made on or before the last day for filing certificates 
of nomination to fill vacancies. Id. This limitation in time does 
not apply to any order made by the appellate division on appeal. 
Id. The statute makes no provision for an appeal from the order of 
the judge. Id. The order mentioned in this section, which must 
be made within a specified time, is the original order made in the 
first instance by the special term or judge. Id. But, as the order is 
one made in a special proceeding and is not in terms or by implica¬ 
tion made final, an appeal can be taken to the appellate division 
under the general provisions of the code. Id. The jurisdiction of 
the appellate division attaches when the appeal is made and con¬ 
tinues until the case is heard and decided. Id. The power to de¬ 
cide an appeal regularly made is not lost by lapse of time, but may 
be exercised even after the election. Id. The limitation as to time, 
mentioned in this section, applies to the court of original jurisdiction 
and not to another court that has power to review the order. Id. 
It may be true that the facts and circumstances appearing on the 
hearing may be such as to warrant the appellate court, in the exer¬ 
cise of a wise discretion, in declining to make a decision that can 
have no practical effect upon the parties or in the settlement of a 
question that affects the public. Id. But that is a question as to 
the determination, and not to the power of the court. Id. 

The district and county referred to in this section of the election 
law, within which a justice of the supreme court or a county judge 
can entertain jurisdiction of a proceeding under this section, to review 
the determination of the secretary of state upon a contested certifi¬ 
cate of nomination, are those within which the complainants and res¬ 
pondent reside and where the transaction, which was the subject of 
the determination, arose. Matter of Fairchild, 151 N. Y. 359, rev’g 
9 A. D. 624. Where the proceeding is brought within the county or 
district in which the officer making the determination resides or his 
office is located, if different from that in which the complainant re¬ 
sides, and in which the district, for which the nomination is made, is 
located, the justice has no-jurisdiction to hear and determine the 
matter, and errs in not dismissing it on motion. Id. 

The state committee and state convention of a party are its reg¬ 
ularly constituted authorites. Matter of Fairchild, 151 FT. Y. 359, 
rev’g 9, A. D. 624. It is much more proper that questions which 
relate to the regularity of conventions, to the nomination of candidates, 
and the constitution of committees should be determined by the re* 


Election Code. 


122 e 


gularly constituted party authorities, than to have every question re¬ 
lating to a caucus, convention or nomination determined bv the 
courts. Id. In cases where questions of procedure in conventions, 
or the regularity of committees are involved, which are not regulated 
by law, but by party usages and customs, the officer called upon to 
determine such questions should follow the decision of the regularly 
constituted authority of the party, and courts in reviewing the de¬ 
termination of such officers should in noway interfere with such de¬ 
termination. Id. Where, on a dispute arising among the delegates 
to a regularly called assembly district party convention, two separate 
conventions are organized, and the state committee and state conven¬ 
tion of the party decide that one of them was regular, such decision 
' is to be regarded as controlling upon public officers. Id. 

The hearing, on a proceeding under the election law to review the 
determination of a filing officer upon a contested certificate of nomina¬ 
tion, must be confined to the papers upon which the original de¬ 
termination was based. Matter of Fairchild, 151 N. Y. 359; rev’g 
9 A. D. 624. 

A judge of the superior court of Buffalo had jurisdiction to make 
an order requiring a county clerk to file certificates of nomination 
and reversing the decision of the county clerk that the certificates 
were not entitled to be filed. Matter of Cuddeback, 3 A. D. 103. 

Tinder this section, courts and judges have no original jurisdiction 
in respect to the filing of certificates of nomination, as the power 
vested in them is simply to “reveiw” the decision of the filing of¬ 
ficer. Matter of Cuddeback, 3 A. D. 103. Since the statute does 
not provide that the questions shall be brought before the court or 
judge by appeal, certiorari or in any particular manner, it is compe¬ 
tent to review the question by a motion on a petition filed. Id. 

An appeal, under this section, will not always be dismissed 
because the question involved has ceased to be a practical one from 
the fact that the election has passed. Matter of Cuddeback, 3 A. D. 
103. The court will determine the point, if it is one of public inter¬ 
est, which affects the rights of all the electors of the state. Id. 

A public officer has the right to institute proceedings for the 
review of an order commanding him to do an official act, which he 
deems to be a violation of the statutes of the state. Matter of 
Cuddeback, 3 A. D. 103. The fact that he has no pecuniary interest 
in doing, or in not doing, the act is of no importance as affecting his 
right of appeal. Id. 


122f 


Election Code. 


There is a distinction to be drawn between the decisions of party 
conventions and committees in the matter of party emblems and the 
selection of inspectors of election, and the nomination of candidates. 
Matter of Heacock, 18 Misc. 311. When contending party organiza¬ 
tions are each claiming the same emblem, the statute provides that 
preference shall be given to that faction which was recognized by 
the regularly constituted party authorities. Id. In the selection of 
election officers, that organization is to be recognized that was 
declared regular at the last state convention, or, if none has been 
held, then the one that is recognized by the state committee. § 12 
Election Law. Id. When the party emblem has been chosen, the 
law provides that it shall be used to designate all the candidates of the 
party. Id. But when the question comes as to who is in truth and 
fact, the candidate of the party, and an appeal is taken to the courts or 
a justice thereof, there is nothing said as to preferences or decisions of 
party conventions or committees. Id. The statute provides that the 
court, justice or judge reviewing such decision shall “ make such order 
in the premises as justice may require;” not such order as shall be in 
conformity with the decision of any party convention or committee, 
but such order as the justice of the case demands. Id. The very 
purpose of the law in providing for a hearing before the officer with 
whom the certificate is filed, and a review by the court, justice or 
judge, was for the purpose of affording a remedy for the injustice 
done by political organizations, and to bring such matters under the 
protection of the law. Id. While the decision of the supreme 
political authority of a party may be conclusive, as a general rule, as 
to which of two well-defined organizations of the same party is the 
regular organization, the rule does not hold good when determining 
the regularity of nominations claiming to be made under the aus¬ 
pices of the same party organization. Id. The word “ faction,” as 
used in the Election law, refers to different political organizations of 
the same party, and not to contending members of the same organi¬ 
zation who are engaged in the support of different candidates, who 
are seeking or claiming the nomination to office from the same 
organization. Id. 

Committee. —The whole governmental power and authority of a 
party rests in its members in the same manner as all governmental 
power of the state rests in the people until delegated to its represent¬ 
atives. Matter of Fairchild, 151 N. Y. 359, rev’g 9 A. D. 624. 


Election Code. 122g 

Delegates can represent the members of the party only to the extent 
of the authority actually conferred by the latter. Id. A congres. 
sional convention, called for the sole purpose of electing delegates to 
a national convention, has no authority to withdraw power thereto¬ 
fore regularly conferred upon a congressional committee and appoint 
a new committee. Id. 

Device and party name.—The provision of this section of the 
Election Law, which empowers the officer with whom certificates of 
nomination are filed, to select a device and party name to be printed 
upon the official ballots to distinguish factional candidates, while it 
refers to factions in the same party, applies to a contest between two 
or more political conventions, each claiming to regularly represent 
the entire party in a given territory or district. People ex rel. Ward 
v. Koosevelt, 151 N. Y. 369, afl'g 9 A. D. 626. 

In the Election Law of this state, the Democratic party is recog¬ 
nized as one of the great political parties, and it has become securely 
entitled to that name as a party designation. Matter of Greene, 9 
A. D. 223. Any use of a name irf the official ballot, which infringes 
upon this right, i3 a violation of the statute which secures it. Id. 
The design of the statute i3 to secure to the party a distinctive name 
in order that voters, who are in harmony with the principles which 
the party represents, may know certainly that they are voting its 
ticket, and that they may not be misled into voting a ticket which 
does not represent those principles by the use of a name which so 
closely resembles it that the voter may not readily discern the dif¬ 
ference. Id. As to the words “ Democratic party, 1 ’ no right is ac¬ 
quired when such words are accompanied by other words which 
qualify the sense or convey a meaning that a different party is in¬ 
tended. Id. Where in practical use the voter is not misled, the 
statute is not violated. Id. 

Section 59. Certificates of nominations—when filed.—This 
section recognizes the fact that experience has shown that independ¬ 
ent nominations are seldom made until party nominations have been 
made, discussed and found unsatisfactory to a portion of the electors. 
Matter of Cuddeback, 3 A. D. 103. The chief end sought to be at¬ 
tained by requiring certificates of party nominations to be filed at 
least twenty-five (now 30) days before the election and certificates of 
independent nominations to be filed at least fifteen (now 25) days be¬ 
fore the election, was to give the electors who are dissatisfied with 


122h 


Election Code. 


party nominations a reasonable time in which to make independent 
nominations, and thus secure to the voters a reasonable opportunity 
of voting for such persons as shall be deemed worthy of the offices to 
be filled. Id. A further object of requiring certificates of nomina¬ 
tions to be filed within the prescribed number of days before the 
election, is to enable the county clerks to comply with the statute by 
procuring the ballots and fac similes thereof, and distributing them 
the prescribed number of days before the election. Id. The statu¬ 
tory provision in respect to the time when the certificates of nomina¬ 
tions must be filed is mandatory and must be complied with, and^ 
after the time has passed, a county clerk has no right to receive and 
file certificates of nominations. Id. 

Section 82. Village incorporation.—The provisions of § 9, ch. 
291 of 1870, which was the former act for the incorporation of vil¬ 
lages, have not heen changed or repealed by the changes in the gen¬ 
eral election law, or the laws requiring town elections to be had by 
means of the official ballot or ballot machines, and still regulate the 
method of voting to determine a proposition to incorporate a part of 
a town or parts of towns, not before organized for an}?- purpose. 
Matter of Taylor, 150 1ST. Y. 242 ; affirming 3 A. D. 244. Since this 
decision, ch. 291 of 1870 has been repealed by ch. 414 of 1897, and 
t'he new election law, ch. 909 of 1896, enacted. 

Section 104. While the law condemns any ballot from which 
there has been erased any device, figure or word, or upon which there 
shall be written any word or words other than the name of a candi¬ 
date which is not printed on the ballot, and provides that such ballot 
shall not be counted, the statute has provided a method by which 
any marked ballot, which is not properly the subject of the con¬ 
demnation of this section, may be attached to the return, so that any 
candidate may be in a position to present the question to the court 
as to whether such ballot should be rejected or not. People ex rel. 
Clark v. Earley, 16 Misc. 603. 

Section 111. Ballot-box—Opening of.—An order, directing the 
opening of a ballot-box and an inspection of the ballots will not be 
granted on the application of one of the candidates, upon a claim 
that, by mistake or otherwise, the figures shown by the count of the 
split ballots, were transposed in the statement made by the inspectors. 
Matter of Election, etc., 18 Misc. 391. A ballot-box should not be 


Election Code. 


122i 


opened excepting for the purpose of aiding a criminal prosecution, or 
in a civil action or proceeding, where the court may make a decision 
which will have some binding force upon the rights of the interested 
parties and the public. Id. 

Section 114. Mandamus.—When the whole matter of recan¬ 
vassing the ballots was relegated to the inspectors of election, with 
no specific direction as to how such recanvass was to be conducted, 
further than that they were to follow the language of the statute, 
they should not, in the absence of bad faith, be punished for con¬ 
tempt because their judgment in construing the statute was not in 
accord with that of the court, which made the order appealed from. 
People ex rel. Phillips v. Sutherland, 9 A. D. 313. 

If an objection is made by an election officer or watcher that the 
ballots have been marked for identification, it is then the duty of the 
inspectors to mark and sign the ballots as provided by law, attach 
them to their statement of the canvass and count them the same 
as though not so objected to; but until such objection is made, they 
have no such duty to perform and a mandamus should not issue. 
People ex rel Clark v. Earley, 16 Misc. 603. In the case of a failure 
to comply with the provisions of the act with relation to ballots 
marked for identification, such question will have to be determined 
bv an action of quo warranto to try the title to the office or in some 
other proceeding than by mandamus. Id. 

Where the answering affidavits raise an issue with reference to 
material facts alleged in the petition, a peremptory writ of mandamus 
cannot issue. Matter of Kline, 17 Misc. 672. 

Canvassing board has no power to reject ballots marked for identi¬ 
fication, and a mandamus, requiring them to do so, will not issue. 
Matter of Kline, 17 Misc. 672. 

A writ of mandamus should not be granted to compel the correc¬ 
tion of an election return excepting in a very clear case. Matter of 
Election, etc., 18 Misc. 391. Where, however, it is undisputed that a 
mistake has been made, the court may be warranted in issuing the 
writ not to compel the board of inspectors to correct their return in 
a particular way or to correspond with the ballots as found on re¬ 
opening the box, but to reassemble and open the ballot box and re¬ 
examine the ballots to assist them in determining whether they have 
made a mistake and, if they find that a mistake has been made, to 
remedy it by correcting the return. Id. 


Election Code. 


122j 

Section 115. Functus officio.—Where the inspectors have made 
and signed the statement required by this section, their duties have 
been fully discharged and they become functus officio , as a board and 
cannot get together and assume to act as a board two days after they 
have completed their work and make the indorsements upon the bal¬ 
lots and affix them to the statement. Matter of Kline, 17 Misc. 682. 

There is no reason for applying the doctrine functus officio to a 
case where the inspectors have not complied with their statutory duty 
of making a correct canvass and true return, especially when the 
ballots are required by law to be preserved and the inspectors con¬ 
tinue in office. Matter of Election, etc., 18 Misc. 891. 

Myers’ automatic ballot machine. Sections 8, 11.—The 
duty imposed by sections 8, 11 of Myers’ Automatic Ballot Machine 
Law (ch. 764 of 1896), upon the chairman of a board of inspectors at 
an election, in a city which has adopted the automatic ballot machine, 
to set “each dial in every labelled counter at nine,” is purely minis¬ 
terial, and the manner in which such duty is exercised cannot be re¬ 
viewed by certiorari Matter of Many, 10 A. D. 451. 


ANNOTATIONS FOR ELECTION CODE , 1898. 

Enrollment.—Where an enrollment of the registered republican 
voters in a city, made for the benefit of the party, is open to inspec¬ 
tion by any member of that party, the right to inspect includes the 
right to make a copy of the list of names found there, provided such 
member, in copying, does not take up unnecessary time, or interfere 
with the right of inspection by any other member. People ex rel. 
Spire v. General Com. of Rep. Party of Erie Co., 25 A. D. 389 (83 
S. R. 723; 49 S. 723). 

Section 56. Appeal.—Questions, which may prevent future em¬ 
barrassment in the congressional district, to which the controversy 
relates, and settle other points upon which there is a conflict in the 
decisions of the supreme court, are of sufficient importance to require 
their determination by the court of appeals, though the case is sub¬ 
mitted after the election is held. Matter of Fairchild, 151 N. Y. 359; 
Matter of Madden, 148 id. 186, 139. 

An appeal will not always be dismissed because the question is no 
longer a practical one. People ex rel. Spire v. General Com. of Rep. 
Party of Erie Co., 25 A. D. 339 (83 S. R. 723; 49 S. 723) v Not- 



Election Code. 


122k 


withstanding the fact that an election has been held, and a decision 
of the question involved cannot affect the result of that election, yet 
where the point at issue is one of public interest affecting the rights 
of all the electors of the state, the courts will determine it. Id.; 
Matter of Cuddeback, 3 A. D. 103; 39 S. 388. 

Section 57. Independent nominations. —The requirements set 
forth in the above section which prescribes that “Independent nomi¬ 
nations shall be made by a certificate subscribed by such electors, 
each of whom shall add to his signature his place of residence, and 
make oath that he is an elector, and has truly stated his residence,” 
are matters of substance and intended to be a check upon the making 
of false or fraudulent certificates, and to enable anyone inspecting a 
certificate to discover the residence of the subscriber, so that he may 
investigate, and see whether, in truth and in fact, any such person 
entitled to vote resides at the place of residence named in the certifi¬ 
cate. Matter of Adams; Matter of McParlin, 81 S. R 543 (47 S. 
543). 

In construing the laws relating to independent nominations, the 
most liberal construction should be placed upon such laws in favor 
of the independent voter; and in independent nominations mere 
formal defects and irregularities should be ignored, or the certificates 
permitted to be amended, and the courts should not be astute to dis¬ 
cover, or overwilling to accept the discovery by others of, technical 
defects upon which such certificates of nominations can be declared 
null and void and set aside, but to hold that, when the spirit and 
substance of the laws have been observed, it is sufficient. Id. 

On a hearing on the legality of a nomination before the officer 
with whom the certificate of nomination has been filed, affidavits of 
purported signers of the certificate are admissible to impeach the 
certificate of the notary public. Id. The affidavit of the notary 
public whose name is attached to the certificate of independent nomi¬ 
nation, is admissible to show that he inadvertently failed to swear 
certain signers of the certificate. Id. 

Sufficient certificate. —A certificate of the oath by the notary 
which states that the persons who signed, appeared before the notary, 
and that each made oath that he is an elector, and truly stated his 
residence in the nominating certificate, is sufficient. Matter of Mc- 
Closkey, 81 S. R 294 (47 S. 294). It need not state that the per¬ 
sons making such oath are known by the notary to be the same who 
so signed or that they signed in his presence. Id. 


1221 


Election Code. 


Judicial notice. —The objection that the oath is only that the 
signer is an elector without stating that he is an elector of the terri¬ 
tory or district for which the certificate of nomination is made, is 
sufficiently answered by the fact that the court will take judicial 
notice that the certificate of nomination shows that fact by the resi¬ 
dence given, and the oath must be construed as made in reference to 
it. Id. 

Number. —The number of nominations to be placed upon an 
official ballot will not be limited for the purpose of preventing the 
cost to the public of printing such nominations. Id. 

What offices. —This section, which provides for nomination by 
certificate, was meant to cover all offices and should not be otherwise 
construed. Matter of Fagan, 81 S. R 288 (47 S. 288). To nom¬ 
inate an alderman in Greater New York, the certificate need bear the 
names of only 500, and not the number required to nominate to an 
office to be voted for by the electors of the whole city, viz., 2,000. 
Id. 


Review. —On the hearing of a summary proceeding before a jus¬ 
tice of the supreme court to review the determination of the secre¬ 
tary of state as to the validity of a certificate of nomination, facts 
offered to be proved by affidavits and testimony presented to the 
secretary of state, and by him erroneously rejected, will be assumed 
to have been proved. Id. Such proceedings cannot be governed 
by the same strict rules of pleadings or of evidence that are proper 
and required in ordinary proceedings in civil actions. Id.; Matter 
of Argus Co., 138 N. Y. 557; 34 N. E. 388. 

Section 81. Mandatory. — The provision requiring the electors 
to make the “X” mark at a particular place upon the ballot must 
be held not directory merely, but mandatory. People ex rel. Shafer 
v. Moody, 79 S. R 606 (45 S. 606). 

Prior to the election law of 1896, the statute made no provision 
for placing the voting circle above the independent column, but to the 
contrary expressly provided that in such column the circle should be 
omitted. Id. The former law provided that, in voting the inde¬ 
pendent ticket it should not be lawful to make any mark upon the 
official ballot other than the cross (X) mark at the left of and oppo¬ 
site the name of the candidate voted for, and that any mark made on 
the ballot except as so provided should make the ballot void, and it 
could not be counted. Id. 


Election Code. 


122m 


Designation on ballot.—The certificate by the secretary of state 
to the officials in each county and city who make up and print the 
ballots, that the petitioner was nominated to the office of justice of 
the supreme court, put the petitioner upon the ballots as the candi¬ 
date for justice of the supreme court on equal terms with all other 
nominees for that office. Id. This is all he is entitled to. The 
designation in his certificates of nomination, that he was nominated 
“to fill a vacancy in place of Calvin E. Pratt, deceased,” was sur¬ 
plusage. Id. There is no way under the law to so classify nominees 
for justice of the supreme court. Id. When more than one are to be 
elected, they are voted for indiscriminately for full terms, and those 
receiving the highest number of votes are elected. Id. The election 
law provides for the designation upon the ballots of the particular 
term each candidate for the same office is running for, only in cases 
where the several terms to be filled are of different lengths. Id. 
However a vacancy arises in the office of justice of the supreme 
court, the election is always for a full term. Matter of Hart, 21 
Misc. 503. 

Voting’ space. —This section, among other things, in substance 
requires that all ballots shall contain on the left of the name of every 
candidate printed thereon a blank space one-quarter of an inch wide, 
inclosed by heavier dark lines, which shall be called the “ voting 
space.” People ex rel. Wells v. Common Council of Elmira, 19 A. 
D. 457 (80 S.’R. 701; 46 S. 701). 

Intention.—In determining the validity of a vote cast under the 
provisions of the election law of 1896, the court must determine not 
merely what was the intention of the voter, but whether he has ex¬ 
pressed that intention in the manner provided by law. Id. 

Voting.—Any elector who desires to vote for candidates of differ¬ 
ent parties must make the cross (X) mark within the voting space, 
and it is unlawful for him to put it outside of such space. Id. A 
ballot which has a cross (X) mark upon it that is neither in the circle 
nor in the voting space, has a mark upon it that renders it void. 
Id.; People ex rel. Bantel, 20 A. D. 48. 

Section 110. Rejection of ballots.—The power given to can¬ 
vassers to reject ballots, considered and condemned. People ex rel. 
Feeney v. Board of Canvassers, 23 A. D. 201. 

Section 111. Statement of votes.—It was contemplated by the 
legislature that cases would arise under tbe numerous provisions of 


122n 


Election Code. 


the election law in which inspectors might fairly disagree as to what 
was the proper canvass of the ballots or whether ballots had been 
improperly rejected or counted; and in such a case they should not 
be required to sign a statement of votes which to them seemed wrong, 
or which they could not in good conscience do, by reason of the 
action of the other inspectors, and a provision was very properly in¬ 
serted in the law that such inspector should state and sign upon such 
return the grounds upon which his refusal to sign is based. Matter 
of Election of Alderman, 83 S. R. 241 (49 S. 241). Where an in¬ 
spector has fully complied with the requirements of the law in mak¬ 
ing and signing the ground of their refusal upon the return, he cannot 
be compelled by an order of the court to sign the return of the 
canvass with the other inspectors. Id. 

Statement of canvass.—This section is entitled, “ Original state¬ 
ment of canvass and certified copies,” and consists almost wholly of 
provisions relating to the manner in which the statement of the can¬ 
vass shall be made up, and the disposition which shall be made of 
the ballots voted. Matter of Tompkins, 23 A. D. 224 (82 S. R. 737; 
48 S. 737). It is merely intended to prescribe what tribunal or offi¬ 
cers might direct the opening and examination of the voted ballots 
in case such opening and examination Were necessary and appropri¬ 
ate in any judicial proceeding which might be instituted relating to 
the election. Id. It does not assume to authorize any thing more, 
and we cannot resort to implication to introduce a grant of authority 
to a court which is not even mentioned therein to judiciallv investi¬ 
gate the manner in which the right of suffrage has been exercised. 
Id. It confers no authority upon a county court to judicially inves- 
gate, either upon petition or otherwise, the manner in which the right 
of suffrage had been exercised. Id. 

It is the duty of the inspectors to transcribe from the tally sheets, 
upon the official statement of the vote, the totals appearing in the 
tally sheet as the vote of the district. Matter of Stewart, 24 A. D. 
201 (82 S. R. 957; 48 S. 957). The tally sheet should be the 
source from which the inspectors are to make up the statement re¬ 
quired. Id. Their duty is to make the statement the result of 
which they have announced from the tally sheet, and to make it in 
strict accordance with the totals contained upon the tally sheet; and 
having made these statements, and having transmitted them to the 
public officer specified their duty is performed. Id. The action of 
the inspectors in making this statement of the vote is ministerial, 
and mandamus is proper to compel them to perform this duty. Id. 


Election Code. 


122o 


So far as the inspectors of election are by the election law required 
to perform a particular act, in its nature ministerial, not requiring 
the exercise of discretion or judgment, they may be required as pre¬ 
scribed by law to act by mandamus. Id. 

Ballot box opened.—An application pending a contest for the 
office of member of assembly, before the committee of the legislature 
on elections for an order directing that all the ballot boxes of the 
assembly district in question should be opened, and the ballots therein 
inspected, made by a justice of the supreme court, on an affidavit by 
contestant, stating that errors had been made in the canvass; that 
the return of the vote was incorrect; and that, if the votes had been 
correctly canvassed, the return thereof would have shown a plurality 
for contestant, is regular under this section. Matter of Hayden, 84 
S. R 460 (50 S. 460). Under the constitution of the state of New 
York, the New York state assembly is the judge of the elections, re¬ 
turns, and qualifications of its own members, and that this provision 
gives to the assembly the right and power of determining for itself 
any contest for a seat in the assembly. Id. It may also be conceded 
that the committee on privileges and elections of the assembly is a 
constituent part of such assembly ; and that, for the purpose of de¬ 
termining a contested election case brought before it, the committee 
is intrusted with powers which in their nature are judicial. Id. But 
such order is not an unwarranted attempt to interfere with or dictate 
to the committee in the performance of its duties. Id. It simply enables 
the contestant to obtain proof for the purpose of offering to place it 
before the committee, and thereafter the committee is left entirely 
free and untrammeled to consider the offer or the proof received 
under it as it may see fit. Id. In the case cited, the order provided 
that the inspection of the ballots should be upon notice of the time, 
and place of such inspection to the chairman of the committee of 
privileges and elections of the assembly, to the sitting member or his 
counsel, and to the bureau of elections of the police department of 
the city of New York, and in presence of a representative of each of 
said parties. Id. If the committee should decline to send a rep¬ 
resentative, the contestant has the right to apply for a modification 
of the order. Id. 

Section 114. When ballot counted. —A ballot should be 
counted where the cross (X) mark, placed in the circle at the head of 
a party ticket, is not perfect and is something more than a cross (X) 
mark. People ex rel. Bautel v. Morgan, 20 A. D. 48. 


Election Code. 


122p 

Judicial investigation. — Ample authority has been conferred 
upon the supreme court, but not upon any other tribunal, by this 
section, to investigate judicially the manner in which the right of 
suffrage has been exercised. Matter of Tompkins, 23 A. D. 224 (82 
S. R 737; 48 S. 737). It authorizes a review of the action of the 
board of canvassers upon the application of any candidate voted for 
at the election in two cases: (1) Where the certified original state¬ 
ment of the result of the canvass in an election district shall show 
that any of the ballots counted at the election were objected to as 
marked for identification, and (2) where a ballot has been rejected by 
the inspectors as void. Id. In each instance the proceeding must 
be instituted by a writ of mandamus issued out of the supreme 
court; and, if the court determines that any ballots were marked for 
identification, it must order such ballots to be excluded upon a 
recount; and, if it shall determine that the votes upon a ballot 
rejected as void ought to be counted, it must order them so to be 
counted upon a recount of such votes. Id. 

Sections 131, 132. Correction.— Where it appears before the 
board of county canvassers that the original and certified copy of the 
statements submitted by the inspectors of election certified to a dif¬ 
ferent number of votes from that contained in the tally sheet, it is 
their duty to require the attendance of the inspectors before them 
for the purpose of correcting such clerical mistake. Matter of Stew¬ 
art, 82 S. R 957 (48 S. 957). Upon the assembling of the inspectors 
before the board, the inspectors must forthwith make such correc¬ 
tions “ as the facts of the case required,” viz.: a correction in their 
statements conforming them to the official records, contained in the 
tally sheets as the result of the election. Id. The performance of 
these duties may be compelled by mandamus. Id. 

Section 132. The court has power, when it clearly appears that a 
clerical error in the return exists, to correct it, if it is necessary to 
secure a correct statement of the ballots cast. Matter of Election of 
Alderman, 83 S. R 241 (49 S. 241); People v. Board of Canvassers 
of Chemung Co., 126 N. Y. 392 (27 N. E. 792). But the power of 
the court should not be invoked where there is complete power in 
the canvassing board to do all the court is asked to do, unless some¬ 
thing appears to indicate that that body will not order the correc¬ 
tions contemplated by the law to be made. Matter of Election of 
Alderman, ante. This section gives express power to the canvassing 
board to order “any merely clerical mistakes” corrected by the 


Election Code. 


122q 

board of inspectors, and, if the board of canvassers fails to do its 
duty, section 133 provides that the court may, upon affidavit show¬ 
ing that fact, order such errors to be corrected. Id.; People v. Board 
of Canvassers of Chemung Co., 126 N. Y. 392. 

Power of inspectors.—The inspectors have no power under the 
election law, to correct anything but clerical errors, and no power 
exists in the canvassing board to reject any vote that comes to it 
certified in due form by the inspectors of election. Matter of Elec¬ 
tion of Alderman, 83 S. R. 241 (49 S 241). Where it does not 
clearly appear that a clerical error exists in the return of a canvass, 
an application to the court to have it corrected will be refused. Id. 

New York and Kings Counties.—Under section 1, art. X of 
Constitution, the clear import of the language is that the direction of 
the legislature, fixing the term, shall precede the choice to be made, 
and such language confers no authority upon the legislature as to an 
election consummated before legislation. People ex rel. Eldred v. 
Palmer, 154 N. Y. 133. 

Chapter 772 of 1896, which provides that district attorneys of 
Kings county shall be elected once in every four years, was, in so 
far as it assumed to fix at four years the term of the incumbent who 
had been elected in November, 1895, invalid as an exercise of the 
power conferred by the Constitution upon the legislature to fix the 
term, and is, to that extent, unconstitutional and void. People ex 
rel. Eldred v. Palmer, 154 N. Y. 133, aff’g 21 A D. 66. In the 
absence of legislation, the constitution itself fixes the terms of the 
county officers at two years, which, as to future cases, may be ex¬ 
tended to four years if the legislature shall so prescribe. Id. 

Section 50. Town Law.—Certiorari does not lie to review acts 
and conduct of justices of the peace, occupying the position of in¬ 
spectors of election, in distributing ballots, taking and counting 
votes, and declaring the result, or permitting others to assist them 
therein. People ex rel. Brooks v. Bush, 22 A. D. 363 (82 S. R. 13; 
48 S. 13). If they, in the administration by them of the election 
law, were guilty of official misconduct, the remedy is not in this pro¬ 
ceeding. The criminal law has provisions on the subject Id. 

A public statute relating to the qualifications of public officers 
should never be so construed as to produce inconvenience or to pro¬ 
mote a public mischief or to render the action of the voters at the 
election abortive. People v. Purdy, 154 N. Y. 439. It should, in 


122r 


Election Code. 


every case, when the language will fairly permit, be given such a 
construction as to enable the electors to act intelligently, and to ac¬ 
complish with as much certainty as practicable the purpose that they 
may have in view. Id. 

The above section does not contemplate that a person who is dis¬ 
qualified to hold the office may, nevertheless, be lawfully elected 
upon the chance that subsequently he may, by his own act, or by the 
happening of some event, remove the disqualification, and thus be¬ 
come entitled to fill it. Id. The better rule is that the electors, in 
making the choice, must be confined to the selection of such persons 
only as are not then under any legal disqualification to exercise its 
powers and perform its duties. Id. The electors can then know 
that when the choice is made and legally declared the object for 
which the election was held has been accomplished, and that there 
is no legal obstruction in the way to prevent their will, as thus ex¬ 
pressed, from being effective. Id. 

The disqualification imposed by the Town Law, that “no trustee 
of a school district shall be eligible to the office of supervisor of any 
town or ward in this state,” applies to the capacity of a candidate for 
election, as well as to the holding of the office. Id. The intention 
of the statute is that the electors in making the choice of a person 
for the office of supervisor, must be confined to the selection of such 
persons only as are not then under any legal disqualification to ex¬ 
ercise its powers and perform its duties. Id. As a trustee of a 
school district is incapable of being elected supervisor of a town, as 
well as holding the office of supervisor, no right to that office is ac¬ 
quired by resigning the office of trustee after having received a ma¬ 
jority of the votes cast for the office of supervisor at a town meeting, 
and before qualifying as supervisor. Id. 

Town meetings.— The language of the provision of the present 
statute as to the time that town meetings shall be kept open for pur¬ 
poses of voting is substantially no different than it has been for up¬ 
ward of eighty years. People ex rel. Van Sickle v. Austin, 20 A. 
D. 1 (80 S. R 526; 46 S. 526). It never has been so construed as 
to require that the polls of town meetings be opened at sunrise, or 
continuously kept open until sunset. Id. The holding of a town 
meeting from 9 A. M. to 12 A. M., and from 1 p. m. to sunset, com¬ 
plies with § 29, ch. 569 of 1890. Id. The statute in question does 
not, in express terms, provide the hour or time the polls shall be 
opened, or that “ there shall be no adjournment or intermission until 
the polls are closed.” Id. 


Election Code. 


122s 


Violation of election laws. —Where the defendant, as mayor of 
Long Island City, has examined and refused to appoint many of the 
list of proposed election officers, authenticated and filed by the local 
organization as regular by the last preceding state convention of the 
Democratic party of the state, and has also examined and refused to 
appoint many of such officers from a supplemental list duly authen¬ 
ticated and filed, but appointed as such officers in their stead persons 
who were not members of the party which had filed the list, thus 
leaving that party without the representation given to it by law and 
the board of election officers, it is the omission, refusal and neglect 
to perform a duty required of the defendant by the election law. It 
constitutes a criminal offense. People v. Gleason, 12 N. Y. Cr. 192. 




Election Code. 


123 


Additional Provisions of Law Applicable 

to Elections. 


Qualifications for holding office.— No person shall be capable 
of holding a civil office who shall not, at the time he shall be chosen 
thereto, be of full age, a citizen of the United States, a resident of 
the state, and if it be a local office, a resident of the political sub¬ 
division or municipal corporation of the state for which he shall be 
chosen, or within which the electors electing him reside, or within 
which his official functions are required to be exercised. [§ 3 of 
Public Officers' Law, chap. 681, Laws 1892.] 

Eligibility of town inspectors. — Every elector of the town 
shall be eligible to any town office, except inspectors of election shall 
also be able to read or write. [Part of § 50 of Town Law, chap. 569, 
of 1890.] 


§ 19. Inspectors for towns.—The presiding officer of each annual town meet¬ 
ing shall, immediately after the votes are canvassed, appoint by writing, two 
additional inspectors of election for each election district, to be associated with 
. the two inspectors who shall have been elected, and which inspectors, so to be 
appointed, shall be those two persons in each election district who shall have 
received the highest number of votes next to the two persons who shall have been 
elected inspectors, and which inspectors, so to be appointed, shall belong to and 
be of the same political faith and opinion on state and national issues as one or the 
other of the two political parties which, at the last preceding general election for 
state officers, shall have cast the greatest and next to the greatest number of 
votes in said town, but they shall not belong to the same political party nor be of 
the same political faith and opinion on state and national issues as the inspectors 
who shall have been elected. If the two inspectors elected belong to different 
political parties, the inspectors appointed shall be the two candidates for inspec¬ 
tors not elected and receiving the highest and next to the highest number of 
votes respectively, and belonging to different political parties. No ballot shall be 
counted upon which more than two names for inspector for any one election dis¬ 
trict shall appear. The various election inspectors elected, or elected and ap¬ 
pointed, for tow r ns, under the provision of existing laws, shall continue to serve 
as such inspectors until January first, eighteen hundred and ninety-five. On or 
before the second Tuesday in September next the several election inspectors in 
the various towns, appointed under the provisions of existing laws, shall each 
appoint one additional election inspector, who shall serve with the other three 
election inspectors during their terra of office ; such appointment shall be made 
in writing and filed in the office of the town clerk. Such additional inspector 
shall belong to and be of the same political faith on state and national issues as 
the political party which at the last preceding town meeting shall have cast next 
to the highest number of votes, and when possible shall be one of the persons 



124 


Election Code. 


■who, at the said town meeting, received next to the highest number of votes fot 
election inspector. The additional inspector so appointed shall be subject to the 
provisions of existing laws, and of this act. 

Am’d by chap. 348 of 1894. To take effect July 1, 1894. It repeals all acts 
and parts of acts inconsistent therewith. 

§ 10. Time and place of biennial town meeting.—The electors 
of a town shall, biennially, on the second Tuesday of February, as. 
semble and hold meetings at such place in the towns as the electors 
thereof at their biennial town meeting shall, from time to time, ap¬ 
point. If no place shall have been fixed for such meeting, the same 
shall be held at the place of the last town meeting in the town or 
election district, when town meetings of a town are held in election 
districts. The board of supervisors of any county may, by resolu¬ 
tion, adopted at an annual meeting of such board, fix a time when 
the biennial town meetings in such county shall be held, which shall 
be either on some day between the first day of February and the 
first day of May, inclusive, or on the first Tuesday after the first 
Monday in November; and such time, when so fixed, shall not be 
changed for the period of four years. But such board of supervisors 
shall not provide for the holding of town meetings on the first Tues¬ 
day after the first Monday in November, eighteen hundred and 
ninety-eight. The biennial town meetings in the towns in each 
county containing more than three hundred thousand and less than 
six hundred thousand inhabitants, according to the then last preced¬ 
ing state or federal enumeration, shall be held on the second Tuesday 
of March, eighteen hundred and ninety-nine, and biennially there¬ 
after on the second Tuesday of March until otherwise directed by 
the board of supervisors of such county. 

Am’d, chap. 363 of 1898. 

§ 11. Changing place of biennial town meeting.—The electors 

of a town may, upon the application of fifteen electors therein, to be 
filed with the town clerk twenty days before a biennial town meet¬ 
ing is to be held, determine at such meeting, by ballot, where future 
town meetings shall be held. Where town meetings in any town are 
held in separate election districts, the electors of each district may, 
at a biennial town meeting, determine by resolution where its future 
town meetings shall be held. If any place so designated shall there¬ 
after and before the close of the next biennial town meeting, be de¬ 
stroyed, or for any reason become unfit for use, or cannot for any 
reason be used for such purpose, the town board shall forthwith 
designate some other suitable place for bolding such town meeting 


Election Code. 


124a 


in said town or election district, as the case may be. The provisions 
of this section shall not apply to towns in counties where the town 
meetings are held at the same time as general elections. 

Am’d, chap. 363 of 1898. 

§ 12. Election of officers. —There shall be elected at the biennial 
town meeting in each town, by ballot, one supervisor, one town 
clerk, two justices of the peace, three assessors, one collector, one or 
two overseers of the poor, one or three commissioners of highways, 
not more than five constables, and two inspectors of election for each 
election district in the town ; if there shall be any vacancies in the 
office of justice of the peace, of any town at the time of holding its 
biennial town meeting, persons shall then also be chosen to fill such 
vacancies, who shall hold their offices for the residue of the unex¬ 
pired term for which they are respectively elected. At town meet¬ 
ings in towns held at the same time as general elections, the names 
of all candidates for town offices shall be voted for in the same man¬ 
ner and on the same ballot as candidates for other offices voted for 
thereat. At such town meetings no person shall be allowed to vote 
for candidates for town offices who is not registered and entitled to 
vote at such general election. 

Am’d, chap. 363 of 1898. 

§ 13. Term of office. —Supervisors, town clerks, assessors, com¬ 
missioners of highways, collectors, overseers of the poor, inspectors 

of election and constables, when elected, shall hold their respective 
offices for two years. But whenever there is or shall be a change in 
the time of holding town meetings in any town, persons elected to 
such offices at the next biennial town meeting after such change shall 
take effect, shall enter upon the discharge of their duties at the ex¬ 
piration of the term of their predecessors, and serve until the next 
biennial town meeting thereafter or until their successors are elected 
and have qualified. Whenever the time of holding town meetings 
in any town is changed to the first Tuesday after the first Monday in 
November, the town officers elected thereat shall take office on the 
first day of January succeeding their election. But the collector in 
each such town shall complete the duties of his office in respect to 
the collection of taxes, and the payment and return thereof, upon 
any warrant received by him during his term of office, notwithstand¬ 
ing the election of his successor. 

Am’d, chap. 363 of 1898. 

§ 25. Presiding officers at town meetings. —The justices of the 
peace of each town shall attend every town meeting held therein, ex¬ 
cept where such town meetings are held at the time of the general 
elections, and such of them as shall be present shall preside at such 
meeting, and see that the same is orderly and regularly conducted, 
and shall have the like authority to preserve order, to enforce obedi- 


124b 


Election Code. 


ence and to commit for disorderly conduct, as is possessed by the 
board of inspectors at a general election. If there be no justice of 
the peace at such meeting, then such person as shall be chosen for 
that purpose by the electors present shall preside and possess the like 
powers as justices ; such persons appointed shall take the constitu¬ 
tional oath of office before entering upon his duties as such presid¬ 
ing officer. 

Am’d, chap. 363 of 1898. 

§ 26. Clerk of meeting.—The town clerk last before elected or 
appointed, or, if he be absent, such person as shall be chosen by the 
electors present, shall be the clerk of such town meeting, except 
when held at the time of a general election, and shall keep faithful 
minutes of its proceedings, in which he shall enter at length every 
order or direction, and all rules and regulations made by such meet¬ 
ing; such person chosen by the electors present shall take the 
constitutional oath of office before entering upon his duties as such 
clerk. 

Am’d, chap. 363 of 1898. 

§ 36. Balloting ; electors in incorporated village when not 
to vote on highway questions.—When the electors vote by ballot, 
exeept in towns where the biennial town meetings are held at the 
time of general elections, all the officers voted for shall be named in 
one ballot, which shall contain written or printed, or partly written 
or partly printed, the names of the persons voted for, and the offices 
to which such persons are intending to be elected, and shall be de¬ 
livered to the presiding officers so folded as to conceal the contents, 
and shall be deposited by such officers in a box, to be constructed, 
kept and disposed of, as near as may be, in the manner prescribed in 
the general election law. When any town shall have within its 
limits an incorporated village, constituting a separate road district, 
exempt from the supervision and control of the commissioners of 
highways of the town, and from pa 3 -ment of any tax for the salary 
or fees of said commissioners, and from payment of any tax for the 
opening, erection, maintenance and repair of any highway or bridge 
of said town, without the limits of said village, no residents of such 
village shall vote at any biennial or special election in such town for 
any commissioner of highways for said town, nor for or against any 
appropriation for the opening, laying out, maintenance, erection or 
repair of any highway or bridge in said town, without the limits of 
said village. At the biennial elections in such towns, the names of 
candidates for the office of highway commissioner shall be printed on 
a different ballot from the one containing the names of candidates 
for other town officers. Such ballots shall be indorsed “commis¬ 
sioner of highways,” and shall be deposited, when voted, in a sepa¬ 
rate box, which also shall be marked “ commissioner of highways.” 
Such ballots and ballot box shall be furnished by the officers now 
charged by law with that duty at town elections. A poll-list shall 


Election Code. 124c 

be kept by the clerk of the meeting on which shall be entered the 
name of each person voting by ballot. 

Am’d, chap. 363 of 1898. 

§ 42. Town meetings held at the time of general elections; 
canvass of votes. —If, in any town, the biennial town meeting is 
held at the same time as the general election, such town meeting 
shall be held in the election districts of such town, and be conducted 
by the inspectors of election thereof. At the close of the polls at 
any such town meeting, the inspectors shall proceed to canvass the 
votes for the candidates for the several town offices in the election 
districts where such town meeting was held, in the same manner as 
the votes for other candidates cast at the general election are can¬ 
vassed. They shall make a statement of the whole number of votes 
cast for each candidate for a town office and deliver the same to one 
of the justices of the peace of the town, and such votes shall be re¬ 
canvassed, the additional inspectors of election in each district shall 
be appointed, and the result of the election declared as provided by 
section thirty-eight of this chapter. In case of a contest or other 
proceeding in which the validity of the election of a town officer in 
any such town, is in controversy, the ballots cast at any town meet¬ 
ing and election may be examined and recounted, as provided by 
law, in case of other officers elected at general elections. 

Added, ch. 363 of 1898. 

§57. Certificate of election of justices. —The town clerk of 
each town shall, within ten days after the election of a justice of the 
peace has been declared, transmit to the clerk of his county a certifi¬ 
cate showing the result of such election under his hand, which shall 
be presumptive evidence of the fact therein certified. 

Am’d, ch. 363 of 1898. 

§ 80, subdivision 4. On the Tuesday preceding the biennial town 
meeting and on the corresponding date*in each alternate year account 
with the justices of the peace and town clerk of the town for the dis¬ 
bursement of all moneys received by him. If the biennial town 
meeting in any town is held at the time of a general election, such 
account shall be rendered on the third Tuesday of December in each 
year. 

" Am’d, ch. 363 of 1898. 

§ 160. Constitution and regular meetings of the town 
board. —The supervisor, town clerk and the justices of the peace, or 
any two of such justices shall constitute the town board in each 
town, and shall hold at least two meetings annually at the office of 
the town clerk, one on the Tuesday preceding the biennial town 
meeting and on the corresponding date in each alternate year, and 
the other on the Tuesday next preceding the annual meeting of the 
board of supervisors. If the biennial town meeting in any town is 


124d 


Election Code. 


held at tlie time of a general election, the first meeting shall be held 
on the third Tuesday of December in each year. 

Am’d, ch. 363 of 1898. 

§ 161. Meeting of town board for receiving accounts of 
town officers. —At the meeting of the town board held on the 
Tuesday preceding the biennial town meeting and on the corres¬ 
ponding date in each alternate year, or on the third Tuesday of 
December in each year, all town officers who receive or disburse any 
moneys of the town, shall account with the board for all such 
moneys received and disbursed by them by virtue of their office, but 
no member of the board shall sit as a member of the board when 
any account in which he is interested is being audited by the board. 
The board shall make a statement of such accounts, and append 
thereto a certificate signed by at least a majority of them, showing 
the state of the accounts of each officer at the date of the certificate, 
which statement and certificate shall be filed with the town clerk of 
the town, and be open to public inspection during the office hours of 
such town clerk. 

Am’d, ch. 363 of 1898. 

Town inspectors in counties of more than six hundred 
thousand inhabitants. — The town officers of each town in counties 
containing six hundred thousand or more inhabitants, as determined 
by the last preceding federal or state enumeration of the inhabitant 
taken prior to any election of town officers shall be * * * also 

three inspectors of election for each election district * * * [Part 

of § 220 of Town Law, chap. 569 of 1890, as am’d by chap. 387 of 
18931. 

Election of town inspectors in counties of more than six 
hundred thousand inhabitants. — The said town officers shall be 
elected by ballot oy the electors of each town at the annual town 
meeting held next preceding the general election at which they would 
have been elected under the present existing laws. * * * [Part 

of g 221 of Town Law, chap. 569 of 1890, as am’d by chap. 387 of 
1893.] 

Term of office of town inspectors in counties of more than 
six hundred thousand inhabitants. — The supervisor shall hold 
office for the term of two years; * * * inspectors of election, one 

year, all from the first day of January. [Part of g 222 of Town Law, 
chap. 569 of 1890, as am’d by chap. 387 of 1893.] 


Election Code. 


125 


Town meetings in counties of more than six hundred thou¬ 
sand inhabitants. — The annual and special town meetings in each 
of said towns shall be held in the several election districts thereof, 
under the direction of the inspectors of election, as the presiding offi¬ 
cers, beginning at the hour appointed for the opening of the polls at 
the next preceding general election. The town clerk shall provide 
the requisite number of printed official ballots, which shall be the 
same for each district, and the elections at such meetings shall be 
conducted, with the aid of ballot clerks and poll clerks, in the same 
manner as the general elections, so far as practicable. Upon the com¬ 
pletion of the canvass, the certified result, together with the books, 
papers and records, shall forthwith be filed by the inspectors with the 
town clerk. [§ 223 of Town Law, chap. 569 of 1890- as am’d 
by chap. 387 of 1893.] 

Ballots at town meetings in counties of more than six hun¬ 
dred thousand inhabitants. — The names of all the town officers to 
be voted for by any elector at such town meeting shall be placed upou 
one ballot, which shall be indorsed with the Tvord “town;” such bal¬ 
lot to contain the names of not more than two candidates for inspectors 
of election for each of the election districts in the town, designating 
in connection with such names the. districts for which the said several 
candidates are to be chosen, and if said designation is omitted, or more 
than two names for inspectors shall appear, the vote for such inspector 
shall not be counted. [§ 224 of Town Law, chap. 569 of 1890, 
as am’d by chap. 387 of 1893.] 

Duty of town inspectors, in the transaction of town meeting 
business, in counties of more than six hundred thousand in¬ 
habitants. — The town business which requires a vote of the people 
otherwise than by ballot shall be commenced at twelve o’clock noon 
of the day of the annual town meeting, and completed without ad¬ 
journment. All questions upon motion made at town meetings not 
required by law to be by ballot, shall be determined by the majority 
of the electors of the town voting, and the inspectors of each district 
shall ascertain the result by counting, in such manner as they may 
deem most expedient and practicable, and certify the same to the 
board of town canvassers at the time of making their return of the 
votes cast for town officers. [§ 227 of Town Law, chap. 569 of 
1890, as am’d by chap. 387 of 1893.] 

Appointment of additional town inspector in counties of 
more than six hundred thousand inhabitants. —It shall be the 


126 


Election Code. 


duty of the justices of the peace to attend at the office of the town clerk 
on the second day after each town meeting, at ten o’clock in the fore¬ 
noon, as a board of town canvassers, and canvass the votes of the 
several election districts, and the town clerk shall act as clerk in such 
canvass, and shall enter in his record a statement of the same, and of 
the number of votes for each candidate in the several districts, and of 
the officers elected, which record shall be signed by him and by the 
justice or justices acting as such canvassers. From the two persons 
who shall have the highest number of votes next to the two inspectors 
elected for each election district, the said justice or justices shall 
thereupon select the third inspector for such district, which shall also 
be entered in such record. [§ 229 of Town Law, chap. 569 of 1890, 
as ant’d by chap. 387 of 1893.] 

Official oaths. — Every officer shall take and file the oath of office 
required by law before he shall be entitled to enter upon the discharge 
of any of his official duties. An oath of office may be adminis¬ 
tered by any officer authorized to take, within the state, the acknowl¬ 
edgment of the execution of a deed of real property, or by an officer 
in whose office the oath is required to be filed, or may be administered 
to any member of a body of officers, by a presiding officer or clerk 
thereof, who shall have taken an oath of office. The oath of office 
of a notary public or commissioner of deeds shall be filed in the office 
of the clerk of the county in which he shall reside. The oath of office 
of every state officer shall be filed in the office of the secretary of 
state ; of every officer of a municipal corporation, with the clerk 
thereof; and of every other officer, in the office of the clerk of the 
county in which he shall reside, if no place be otherwise provided by 
law for the filing thereof. .[§ 10 of Public Officers Law, chap. 681 of 
1892, as am’d by chap. 318 of 1893.] 

Oath of office of town inspectors. — Every person elected or 
appointed to any town office, except justice of the peace, shall before 
he enters on the duties of his office, and within ten days after he shall 
be notified of his election or appointment, take and subscribe before 
some officer authorized by law to administer oaths in his county, the 
constitutional oath of office, and such other oath as may be required 
by law, which shall be administered and certified by the officer taking 
the same without reward, and shall within eight days be filed in the 
office of the town clerk, which shall be deemed an acceptance of 
the office; and a neglect or omission to take and file such oath, or a 
neglect to execute and file, within the time required by law, any 
official bond or undertaking, shall be deemed a refusal to serve, and 


Election Code. 


127 


the office may be filled as in case of vacancy. [§ 51 of Town Law, 
chap. 569 of 1890.] 

[Inspectors in towns should take the above oaths before some officer authorized 
by law to administer oaths in the county, within ten days after being notified of 
appointment, and file the same in the office of the town clerk. The result of the 
canvass read at a town meeting is a notice of election to an inspector whose name 
is upon the poll-list. If his name does not appear as a voter on the poll-list the 
town clerk must notify him within ten days. Inspectors in cities should take and 
file oath in accordance with the provisions of the various city charters.] 

Filling vacancies in office of town inspector by town board. 

—When a vacancy shall occur or exist in any town office, the town 
board or a majority of them may, by an instrument under their bands 
and seals, appoint a suitable person to fill the vacancy, and the person 
appointed, except justices of the peace, shall hold the office until the 
next annual town meeting. * * * The board making the ap¬ 

pointment shall cause the same to be forthwith filed in the office of 
the town clerk, who shall forthwith give notice to the person ap¬ 
pointed. * * * [Part of § 65 of Town Law, chap. 569 of 1890.] 

Compensation of inspectors, poll clerks and ballot clerks in 
towns. —The following town officers shall be entitled to compensation 
at the following rates for each day actually and necessarily devoted by 
them to the service of the town, in the duties of their respective 
offices, when no fee is allowed by law for the service. The supervisor, 
except when attending the board of supervisors, town clerks, asses¬ 
sors, commissioners of highways, justices of the peace, overseers of the 
poor, inspectors of election and clerks of the polls, two dollars per 
day, each of them. [§ 178 of Town Law, chap. 569 of 1890, as 
am’d by chap. 297 of 1893.] 

Qualifications of voters for registration?— A qualified voter for 
registration must be: 

1. A male citizen of the age of not less than twenty-one years. 

2. A citizen at least ninety days previous to the election. 

3. He must have been an inhabitant of the date for one year next 
preceding the election. 

4. A resident of the county for the last four months. 

5. A resident of the election district in which he may offer his vote, 
and not elsewhere, for thirty days next preceding the election. 

6. No person shall vote at such election who shall receive, accept, 
or offer to receive, or pay or promise to pay, contribute, offer or 
promise to contribute to another, to be paid or used, any money or 
other valuable thing as a compensation or reward for the giving 
or withholding a vote at an election, or who shall make any promise 
to influence the giving or withholding any such vote. 




♦ See pages 170 to l81,.posf. 



128 


Election Code. 


7. No person shall vote at any such election who shall make or be¬ 
come directly or indirectly interested in any bet or wager depending 
upon the result of any election. 

8. No person shall, for the purpose of voting, gain or lose a resi¬ 
dence by reason of his presence or absence while employed in the 
service of the United States; while engaged in navigating the waters 
of this state or of the United States, or of the highjseas; or while a 
student in any seminary of learning; or while kept at any alms-house 
or other asylum at public expense; or while confined in any public 
prison. [See, also, § 34 of Election Law.] 

Right to vote not to be denied. —The rights of citizens of the 
United States to vote shall not be denied or abridged by the United 
States or by any state on account of race, color or previous condition 
of servitude. The congress shall have power to enforce this article by 
appropriate legislation. [§§ 1, 2, art. 15, amendment to United States 
Constitution.] 

Who entitled to vote. — Every male citizen of the age of twenty- 
one years, who shall have been a citizen for ninety days, and an inhab¬ 
itant of this state one year next preceding an election, and for the last 
four months a resident of the county, and for the last thirty days a 
resident of the election district in which he may offer his vote, shall 
be entitled to vote at such election in the election district of which he 
shall at the time be a resident, and not elsewhere, for all officers that 
now are or hereafter may be elective by the people, and upon all ques¬ 
tions which may be submitted to the vote of the people, provided that 
in time of war no elector in the actual military service of the state, or 
of the United States, in the army or navy thereof, shall be deprived 
of his vote by reason of his absence from such election district; and 
the legislature shall have power to provide the manner in which, and 
the time and place at which, such absent electors may vote, and for 
the return and canvass of their votes in the election districts in which 
they respectively reside. [§ 1, art. 2, State Constitution, as am’d 
in 1894.] 

Persons excluded from the right of suffrage, etc. — No per¬ 
son who shall receive, accept, or offer to receive, or pay, offer or 
promise to pay, contribute, offer or promise to contribute to another, 
to be paid or used, any money or other valuable thing as a compensa¬ 
tion or reward for the giving or withholding a vote at an election, or 
who shall make any promise to influence the giving or withholding 
any such vote, or who shall make or become directly or indirectly 


Election Code. 


129 


interested in any bet or wager depending upon the result of an elec¬ 
tion, shall vote at such election ; and upon challenge for such cause, 
the peison so challenged, before the officers authorized for that pur¬ 
pose shall receive his vote, shall swear or affirm before such officers 
that lie has not received or offered, does not expect to receive, has not 
paid, offered or promised to pay, contributed, offered or promised to 
contribute to another, to be paid or used, any money or other valu¬ 
able thing as a compensation or reward for the giving or withholding 
a vote at such election, and has not made any promise to influence the 
giving or withholding of any such vote, nor made or become directly 
or indirectly interested in any bet or wager depending upon the result 
of such election. The legislature shall enact laws excluding from the 
right of suffrage all persons convicted of bribery or of any infamous 
crime.” [§ 2, art. 2, State Constitution, as am’d in 1894.] 

Pardon and restoration. — The governor has the exclusive power 
of pardoning and restoring to the rights of a citizen criminals con¬ 
victed in the courts of this state. [See § 5, art. 4, of the State 
Constitution.] 

Voting residence. — For the purpose of voting, no person shall 
be deemed to have gained or lost a residence, by reason of his presence 
or absence, while employed in the service of the United States; nor 
while engaged in the navigation of the waters of this state, or of the 
United States, or of the high seas; nor while a student of any seminary 
of learning; nor while kept at any alms-house, or other asylum, or 
institution wholly or partly supported at public expense or by charity; 
nor while confined in any public prison. [§ 3, art. 2 of State Consti¬ 
tution.] 

A residence is “the place of abode,” “ the place in which one usually 

has his home.” To reside in a particular election district and county 

is for one to have his home usuallv and at the time of election in such 

•/ 

election district. A person, in order to entitle him to vote, must, as 
before stated, be a resident of such election district thirty days, of the 
county four months, and of the state one year, and ‘for the purpose 
of voting ’ it is by our constitution provided that * no person shall be 
deemed to have gained or lost a residence by reason of his presence or 
absence while employed in the service of the United States; nor while 
engaged in the navigation of the waters of this state, or of the United 
States, or of the high seas, nor while a student of any seminary of 
learning; nor while kept at any alms-house or other asylum at publio 
expense; nor while confined in any public prison.” 


130 


Election Code. 


If an elector change his residence from one election district to anotner 
in the same county, within thirty days previous to a general or special 
election, he thereby loses the right of voting at such election. If he 
remove within thirty days of a town or city election, from one town 
to another, in the same county, or from one ward to another, in the 
same city (or from one election district to another, in the same city, 
or from one election district of a town having election districts for 
town meeting to another election district in the same town), he thereby 
loses the right of voting at such election, for town, ward or city 
officers. 

It must be borne in mind that no person can (as is sometimes erro¬ 
neously believed) vote for governor or any other officer, except in the 
election district of his actual residence.” [Election Code by Secretary 
of State.] 

§ 21. Compensation —The expense of such publication shall be 
a county charge, which, in counties not having a city of over fifty 
thousand inhabitants shall not be less than twenty nor more than 
fifty cents per folio, and in other counties not less than thirty nor 
more than fifty cents per folio; the specific rate in either case to be 
fixed by the board of supervisors. 

§ 22. Election notices and official canvass_Such boards, ex¬ 

cept in the counties of Erie and Kings, shall, in like manner, desig¬ 
nate two newspapers, representing respectively each of the two prin¬ 
cipal political parties into which the electors of the county are di¬ 
vided, in which shall be published the election notices issued by the 
secretary of state, and the official canvass, and fix the compensation 
therefor, which shall be a county charge. 


Election Code. 


131 


FORMS FOR ELECTION LAW. 


FORM FOR ENROLLMENT. No 1. 

1».> solemnly declare that I reside at No., in the city of 

Albany, N. Aand am a qualified voter of the ...... election district of the 

• •/ .ward, in said city of Albany; that I was duly registered as a voter in 

said district on one of the days of registration in the year 1897; that I am in 
general sympathy with the principles of the - party; that it is my inten¬ 

tion to support generally at the next general election, state or national, the 
nominees of such party for state or national offices; and that I have not enrolled 
with, or participated in any primary election or convention of, any other party 
since the first day of last year. The word “ party ” as used herein means a politi¬ 
cal organization which, at the last preceding election of a governor polled at least 
ten thousand votes for governor. 

STATE OF NEW YORK, ) 

City and County of Albany, j 88 ‘ ’ 

On this.day of.before me, the subscriber, personally came, 

.to me known, and known to me to be the same person named in 

and who signed the foregoing declaration, and duly acknowledged the execution 
thereof. 


(FORM No. 1 A.) 

[For filing this certificate, see section 59, chapter 909 of 1896.] 

Party Convention Certificate of Nomination for a State, Congressional, 
Senatorial or Judicial Office, in a Division or District greater than a 
County. Section 56. 

To the Secretary of State, Albany, N. Y.: 

We certify that a convention of delegates representing the.. party, held 

. 189 .., for . 

(Name state, division or district.) 

the following named persons were placed in nomination for offices to be filled at 
the next ensuing general election : 


Office to be filled. 

Name of the candidate 

Party.* 

Place of residence of 
candidates 


















(Signed). .. 

Pi'esiding Officer of Convention. 
(Residence, city or town, street and number, if any.) 

Attest.. 


Secretary of Convention. 

(Residence, city or town, street and number, if any.) 


STATE OF NEW YORK, ) . 

County of.) 

A B and C D, being severally duly sworn, each for himself, says that the said 
A B was the presiding officer of the convention of delegates mentioned and de- 


*To be designated in not more than five words. 

+ If in a city, the street and number of his residence and place of business. 

Where a party nomination is made, by a State convention to be voted for by the electors 
of the entire State, the convention must select an emblem, of which a representation 
must be shown upon the above certificate. And where a political party or independent 
hody makes no nomination for offices to be filled by the voters of the entire State, the cer¬ 
tificate must designate a device or emblem. 











































132 


Election Code. 


Ecribed in the foregoing certificate, and that the said C D was the secretary of 
such conveDtion, and that said certificate and the statements therein contained are 
true to the best of his information and belief. A B. 

(Severally subscribed and sworn to before ) CD. 

me, this.day of.. 1S9.. f 

E F, 

{Notary Public or Justice of the Peace.) 


(FORM No. 2.) 

[For filing this certificate, see section 59, chapter 909 of 1896.] 

Party Committee Certificate of Nomination for a State, Congressional, 
Senatorial or Judicial Office, in a Division or District greater than a 
County. Section 56. 

To the Secretary of State, Albany , N. T.: 

We certify that a meeting of the ( ...) committee representing the. 

party, held.. 189.., said committee, acting under authority of the follow¬ 
ing resolution, passed., 189.at a convention of delegates : 

(Here insert resolution passed by convention.) 
placed in nomination for the offices to be filled at the next ensuing election the 
following named persons: 


Office to be filled. 

Name of the candidate. 

Party.* 

Place of residence.t 








• 










(Signed) ...». 

(Place of residence.) 



(Place of residence.) 


(Place of residence.) 


Committee . 


(Place of residence.) 


STATE OF NEW YORK, 


County of 


ss .: 


A B,-,-, etc., being duly sworn, each for himself, says that 

they are members and constitute a majority of.Committee rep¬ 
resenting the . party, and that the foregoing certificate and 

the statements therein contained are true to the best of his informa¬ 
tion and belief. . 


Severally subscribed and sworn to before ) 
me, this .... day of., 189.. [ 


(Notary Public or Justice of the Peace.) 

Note.— The above form of certificate can be used in committee nominations in divisions 
less than a State. 


* To be designated in not more than five words. 

1 + If in a city, the street and number of his residence and place of business. 




































Election Code. 


133 


(Form No. 3.) 

[For filing this certificate, see section 59, chapter 909 of 1896.J 

Independent Certificate of Nomination. 

To the Secretary of State, Albany, N. Y.: 

We, the undersigned, duly qualified voters of the State of New 
York, in accordance with the provisions of the election law, hereby 
make the following nomination for offices to be filled at the next en¬ 
suing election in the . 

(State district or election division.) 


Office to be filled. 

Name of candidate. 

Political name which 
signers select.* 

Place of residence of 
the man nominated.! 





• 













And we do designate and appoint 


(Name, residence and place of business.) 

as a committee to represent the signers of this certificate and authorize 
them to nominate candidates for the offices named therein, for which 
no candidates are nominated in this certificate, in pursuance of sec¬ 
tion 57 of chap. 909 of the Laws of 1896, and to fill any vacancies 
caused by declination, death or insufficient or inoperative certificate 
of nomination, in pursuance of section 66 of the said act. 


(Give city or town, street and number, if any.) 

Signature.!' 

Residence, town or city, street and street 
number, if any. 










* Not more than five words to be used. See section 57. 

+ If in a city, also the street and number of residence and place of business. 
i As to the number of names to be signed to this certificate, see section 57, chapter 680, Laws 
of 1892, as amended by chap 810 of 1895 
This certificate must designate and select an emblem. 
































Election Code. 


134 

Acknowledgment and Affidavit of each Signer to be Annexed to the 

Certificate signed by him. 


STATE OF NEW YORK, 
County of. 


} 


ss.: 


On this.day of.189..., before me personally appeared 

A B, tome known to be one of the persons described in and who 
signed the foregoing certificate and acknowledged that he signed the 
same, and the said A B, being by me duly sworn, deposes and says 

that he is a voter in the.of.in said county, and. 

that he has truly stated his residence in the statement ot his place of 
residence added to his said signature. 


Acknowledged, subscribed and sworn to ) 

before me, this.day of.189... / 

E F, 

{Notary Public , or Justice of the Peace.) 

Note.— It is not necessary that each signer should acknowledge separately. All or any num. 
ber may be included in one acknowledgment and affidavit. The signatures need not be ap- 
pended to one paper. 


(Form No. 4.) 

[For filing this certificate, see section 59, chapter 909 of 1896.] 

Convention Certificate of Nomination for a Candidate Voted for by th© 
Voters ol only one County or a Portion of a County 4 

To the county clerk of. . county , State of New York: 

( We certify that at a convention of delegates representing the 
.party, held.. 189..., for. 

(Name, county or election division.) 

the following named persons were placed in nomination for offices to 
be filled at the next ensuing election : 


Office to be filled. 

Name of the candidate. 

Party.* 

Place of residence of 
candidate.! 


















(Name.). 

Presiding Officer of Convention. 


(Residence, city or town, street and number, if any.) 

Attest: .. 


Secretary of Convention. 

(Residence, city or town, street and number, if any.) 


* Not more than five words to be used. 

+ If in a city, the street and number of his residence and place of business. 

X Where a political party or independent body makes no nomination for offices to be filled 
by the voters of the entire State, the certificate must designate a device or emblem. 
































Election Code. 


135 


STATE OF NEW YORK, 
County of. 


| ss.: 


A B and C D, being severally duly sworn, each for himself, says that 
the said A B was the presiding officer of the convention of delegates 
mentioned and described in the foregoing certificate, and that the said 
C D was the secretary of such convention, and that said certificate and 
the statements therein contained are true, to the best of his informa¬ 
tion and belief. A B. 

c d! 

Severally subscribed and sworn to before ) 

me, this .... day of.. 189.. j 

E F, 

(Notary Public or Justice of the Peace.) 


(Form No. 5.) 

[For filing this certificate, see section 59, chapter 909 of 1896.J 

Certificate of Nomination for a Ward, Town or Village Office.£ 

To the (Town or City) Clerk of. .; 

We certify that a primary meeting of the voters of the. 

party, held....., 189..., for. 

(Name of ward, town or village.) 

the following named persons were placed in nomination for the 
offices to be filled at the next ensuing election in the... 

(Village, ward or town.) 


Office to be filled. 

Name of the candidate. 

Party.* 

Place of residence ot 
candidate.) 











/ 







(Name) . 

(Residence and address.) 

Attest: ... 

(Residence and address.) 


Presiding Officer. 


Secretary. 


} 


ss. 


STATE OF NEW YORK, 

County of. 

A B and C D, being severally duly sworn, each for himself, says 
that the said A B was the presiding officer of the primary meeting 
mentioned and described in the foregoing certificate, and that the 


* Not more than five words to be used. 

t If in a city, the street and number of his residence and place of business. 

X Where a political party or independent body makes no nomination for offices to be filled by 
the voters of the entire State, the certificate must designate a device or emblem. 





























136 


Election Code. 


said C D was the secretary of said primary meeting, and that said 
certificate and the statements therein contained are true, to the best 
of his information and belief. A B. 

C D. 

Severally subscribed and sworn to before [ 

me, this_day of., 189.. j 

E F, 

(Notary Public or Justice of the Peace.) 


(Form Xo. 6.) 

Form of Printed Poster or List to be sent by County Clerk or City Clerk to 
each Town Clerk or Alderman in County or City. 

[Same to be posted by Town Clerk or Alderman in election districts. For time of sending 
and posting, see section 6tf. ] 

To the (Town Clerk or Alderman) of (Town of ... .or,.. . Ward of. .. .): 

Please take notice that the following named persons have been 
nominated as candidates for office, to be voted for at the next ensuing 
election to be held in your (town or ward) on.. 189.., as follows: 


Name of the can¬ 
didate. 

Place of residence 
and business.* 

Office to be filled. 

Party. 

Fac simile of 
emblems of each 
candidate. 






















(Signed)... 

Clerk of . county . 


(Form Xo. 7.) 

List of Nominations to be Published by County Clerk. Section 61. 

To the Voters of( . county): 

The following is a true and correct list of all nominations to office 
certified to me pursuant to the provisions of chapter 909, of the Laws 
of 1896: 


Name. 

Residence and 
place of business. * 

Office to be filled. 

Party or other 
designation 
of candidate. 

Fac-simile of 
emblems. 






















(Signed). 

. Clerk of . county. 


* If in a city, the street number of residence and place of business. 





















































137 


Election Code. 

(Form No. 8.) 

List of Nominations to be Posted by Town or Village Clerk. Section 63. 

To the Voters of {town or village of .): 

The following is a true and correct list of all nominations to office 
filed with me pursuant to the provisions of chap. 909 of 1896: 


Name. 

Residence.* 

Office to be filled. 

Party. 

Fac simile of 
emblems. 






















Clerk . 


(Form No. 9.) 

Declination of Nomination. Section 64. 

To the Secretary of State {or other officer): 

Sir.— Please take notice that I decline the nomination for the office 


of., tendered me by the (convention, primary or voters) 

of the.party, filed in your office. 


Dated. 

Yours, 


STATE OE NEW YORK, 

County of . 



On this.day of.,189.., before me personally came 

.to me known to be the person described in, and 

who executed the foregoing declination, and he acknowledged the 
same for the purposes therein mentioned. 


Notary Public or Justice of the Peace . 


(Form No. 10.) 

Certificate of Appointment of Ballot and Poll Clerks. Section 11. 

We certify that we have this day appointed A B and C D to serve 
as ballot clerk and poll clerk, respectively, at this poll during i 

election this day. (Signed) . 


Inspectors of Election. 
Dated. . _... 


* If in a city, the street 


number of residence and place of business. 













































138 


Election Code. 


(Form No. 11.) 

Oath, of Office Prescribed by Law for Inspectors of Election. Section 12. 

I do solemnly swear that I will support the Constitution of the United 
States, and the Constitution of the State of New York, and that 1 will 

faithfully discharge the duties of the office of. 

according to the best of my ability. 

And 1 do further solemnly swear that I have not, directly or indi¬ 
rectly, paid, offered or promised to pay, contributed, or offered or 
promised to contribute, any money or other valuable thing, as a consid¬ 
eration or reward for the giving or withholding a vote at the election 
at which I was elected to said office, and have not made any promise 
to influence the giving or withholding any such vote. 

(Signed).... 

Subscribed and sworn to before me, 
this_day of.. 189.. 


(Form No. 12.) 

Oath of Office Prescribed by Law for Poll and Ballot Clerks. Section 12. 

I do solemnly swear I will support the Constitution of the United 
States and the Constitution of the State of New York, and that I will 
faithfully discharge the duties of the office of Poll or Ballot Clerk 
according to the best of my ability. 

(Signed). 

Subscribed and sworn to before me, ) 
this .... day of ., 189.. \ 


(Form No. 13.) 

Town Clerk’s or City Clerk’s Receipt for Official Ballots Roceived from 

County Clerk. Section 87. 

Received of., Clerk of.county, 

One package of official ballots, containing.ballots (.party.) 

One package of official ballots, containing.ballots (.party.) 

One package of official ballots, containing.ballots (.party.) 

One package of sample ballots, containing.ballots (.) 

One package of instruction cards. 

Stationery (itemized)... 

Dated. (Signed). 

(Town or city) Clerk . 


(Form No, 14.) 

Election Inspectors’ Receipt for Official Ballots Received from Town or 

City Clerk. Section 87. 

Recived of. .(city or town) Clerk... 

One package of official ballots, containing.ballots (.party.) 

One package of official ballots, containing___ .ballots (.party.) 

One package of official ballots, containing.ballots (.party. 

One package of sample ballots, containing.ballots (.) 

One paokage of instruction cards.. 

Stationery (itemized). \ \ \ * \ 

Dated. (Signed) .' 


Inspectors Election. 

Dist. Poll (town or city). 















































Election Code. 


139 


(Form No. 15.) 

Oath to be Administered in Case of Physical Disability. Sections 34, 

subd. 3. 

You do solemnly swear (or affirm) that you will be unable to write 

by reason of illiteracy,.or you do solemnly swear ( r 

affirm) that you will be unable to prepare your ballot without a>sist- 
ance, because (insert specific cause or reason assigned by voter for dis¬ 
ability) .. or you do solemnly swear (or affirm) that you 

will be unable to enter the voting booth without assistance, because 

(insert specific disease or crippled condition).or, you do 

solemnly swear (or affirm) that by reason of an accident (specifying 
time and place thereof), or of disease (specifying nature thereof), you 
have, since the day upon which you registered, lost the use of both 
hands, or become totally blind, or so crippled that you cannot enter 
the voting booth and prepare your ballot without assistance. 

The last clause is for voter who registered without oath of disability. 



manner request, or seek to persuade, or induce any elector to vote any 
particular ticket or for any particular candidate, and will not keep or 
make any memoranda or entry of anything occurring within the vot¬ 
ing booth, and will not, directly or indirectly, reveal to any person the 
name of any candidate voted for by any elector, or which ticket he 
has voted, or anything occurring within the voting booth, except he is 
called upon to testify in a judicial proceeding for a violation of the 
Election Law. 


Sworn to before me, 



day of 


(Official signature .) 


* Same oath may be administered to person rendering such assistance. See Election Law, sec. 104 
subd. 2. 













140 


Election Code. 


(Form No. 17. Section 19 of Town Law.) 

Appointment of Additional Inspector of Election.* * 

STATE OF NEW YORK, ) 

County of .. l ss.: 

Town of . , j 

We, the undersigned, presiding officers (or a majority of the preside 

ing officers) of the annual town meeting, held in the town of.'.., 

on the_day of., A. D. 18.., do hereby appoint., 

in election district No. 1, and. .in election district No. 2, in 

said town, inspectors of election in said districts respectively, to be 
associated with the two inspectors in each of said districts respectively, 
who have been this day elected inspectors of election for the ensuing 

year; and we hereby certify that the said. ..and .were 

each one of the two persons who received at said town meeting the 
highest number of votes respectively for said office of inspectors of 
elections, next to the two inspectors in each of said districts, who 
were elected. 

Dated at., this.day of., A. D. 18... 

This order should be signed by the whole or by a majority of such 
presiding officers and should be filed in the town clerk’s office. 


(Form No. 18. Section 51 of Town Law.) 

Oath of Office of Inspector. 

STATE OF NEW YORK, 

County of . 

I,.. of the town of., in the county and state 

aforesaid, having been elected.of said town, do solemnly 

Bwear (or affirm) that I will support the Constitution of the United 
States of America, and the Constitution of the state of New York, and 
that I will faithfully discharge the duties of the office of inspector of elec¬ 
tion of said town to the best of my ability. And I do further solemnly 
swear (or affirm) that I have not directly or indirectly paid, offered or 
promised to pay, contributed, or offered or promised to contribute, 
any moneys or other valuable thing as a consideration or reward for 
the giving or withholding of a vote at the election at which I was 
elected to said office, and have not made any promise to influence the 
giving or withholding of any such vote. 

Subscribed and sworn to before me, 
this... .day of., 18.., 


Justice of the Peace. 

* See section 13 of Election Law. 



























Election Code. 


141 


Accompanying Certificate. 

STATE OF NEW YORK, 

County of., 

Town of ., 

. f a justice of the peace in and for the town of., 

v ^ i eSi lid, do hereby certify that on the .... day of 

.> 18.., before me personally appeared., of the 

town aforesaid, who then and there duly took and subscribed the 
foregoing oath of office. 

Dated this-day of., 18... 


Justice of the Peace. 

The additional inspector appointed under section 19 of the Town 
Law must take the above oath of office. 



(Form No. 19. Section 65 of Town Law.) 

Order of Town Board Appointing- Inspector of Election to Fill Vacancy*, 

STATE OF NEW YORK, 

County of. 

Town of ., 

Whereas, a vacancy has occurred in the office of inspector of elec¬ 
tion in the first election district of the town of., aforesaid, by 

reason of a failure to choose or appoint inspectors of election at the- 
last annual town meeting (or by reason of their absence, or that they 
have ceased to be residents of such district, or that they are unable to. 
attend and hold an election, as the case may be); now, therefore, we,, 
the undersigned supervisor, town clerk and justices of the peace in 
such town, having duly met for the purpose of filling such vacancies, 
do hereby, by virtue of the power and authority vested in us by law,. 

in order to fill such vacancies, designate and appoint.and 

.to be inspectors of election in the first election district, and 

.and.to be inspectors of election in the second election 

district of said town; each of the persons so appointed being electors 
of the election district for which he is appointed and qualified accord¬ 
ing to law. 

In witness whereof we have hereto set our hands and seals 
[l. 8.] this.day of., A. D. 18.. 

(Signatures and seals.) 

(The order of appointment must be filed with the town clerk.) 





















142 


Election Code. 


(Form No. 20. Section 12 of Election Law.) 

Form for Appointment, by Inspectors, of Inspector to Fill Vacancy. 
There being a vacancy in the office of inspector for election district 

No .... of the town of., held by., I (or we) hereby 

appoint .to fill such vacancy. 

Dated the ... day of.. 189.. 

Inspector of Election . 

(To be filed in city or town clerk’s office.) 


(Form No. 21. Section 12 of Election Law.) 

Form for Designation, by Inspectors, of Elector to Act as Inspector. 

- -, not being present at the meeting of inspectors held this 

day, I (or we) hereby designate - -, a duly qualified elector of 

election district No... of the town of., to act as inspector, in 

place of-, until he shall appear. 

Dated the.... day of.. 189.. 


Inspector of Election . • 

(To be filed in city or town clerk’s office.) 


(Form No. 22. Section 12 of Election Law.) 

Form for Designation, by Electors, to Fill Vacancies. 

The offices of all the inspectors forelection district No ...of the 

town o ., being vacant, we, the undersigned, qualified voters 

of said district, present, do hereby designate-, and-, 

duly qualified voters of the said district, to fill such vacancies. 


(Should be signed by not less than ten duly qualified electors and filed in city or town clerk’s 

office.) 


(Form No. 23. Section 12 of Election Law.) 

Form for Designation, by Electors, of Persons to Act as Inspectors. 

All of the inspectors of election for election district No.of the 

town of... not appearing within one hour after the time fixed 

by law for the opening of the meeting of inspectors held this day, we, 
the undersigned, duly qualified electors of said district, hereby appoint 

-- -to act in the place of- -, and- to act in 

the place of-, or until such absent inspectors, respectively, 

appear. 

Dated this .... day of., 189.. 

(To be signed by not less than ten duly qualified electors and filed in city or town clerk's office.) 




































Election Code. 


143 


Persons appointed or designated, under section 15 of Election Law, to act as 
inspectors oi election, must subscribe and take the same oath as regularly 
elected Inspectors. (See Form No. 10.) 


(Form No. 24. Section 12 of Election Law.) 

Form for Appointment of Poll Clerks and Ballot Clerks. 

We, the undersigned, inspectors of the... .election district of the 


town of.on this .... day of November, A. D. 18.. do hereby 

appoint- - to the office of poll clerk or ballot clerk in and for 


said district for the ensuing year. 

Dated November.... 189.. 

> 

j 

Inspectors. 

(Appointment to be filed with town clerk or city clerk.) 

Where the law provides for the appointment of all the inspectors of any elec¬ 
tion district, the authority appointing such inspectors shall appoint the poll 
clerks and ballot clerks of such district, for the same terms of office as the in* 
spectors. [Section 12 of Election Law.] 


(Form No. 25. Section 12 of Election Law.) 

Form for Appointment of Poll or Ballot Clerk to Fill Vacancy. 

There being a vacancy in the office of poll clerk (or ballot clerk) in 

election district No.of the town of.we hereby appoint 

-to fill such vacancy. 

Dated this .... day of.. 189.. 

} 

Inspectors of Election. 


(Form No. 26. Section 12 of Election Law.) 

form for Designation of Person to Act in Place of Absent Poll or Ballot 

Clerk. 

_, a duly appointed poll or ballot clerk, not being present 

it the meeting of inspectors of election, in election district No. 

of the town of.. held tiiis day, I (or we) hereby designate 

-to act as poll or ballot clerk, in place of-, until 

he shall appear. 

Dated this-day of., 189.. 

Inspector of Election. 

(The above appointments or designations to be filed with the town clerk or city 

clerk.) 






























144 


Election Code. 


(Form No. 27. Section 167 of Town Law.) 

Form of Bill for Compensation. 


Albany, November ...., 18... 


Town of., 

To -, Inspector of Election, Dr. 

18... 

Oct. —. To attendance at meeting for registry. $4 00 

—. To attendance at meeting for registry. 4 00 

Not. —. To attendance at election*. 4 00 

—. To filing election returns, etc., in county clerk’s 

office f... 5 00 

—. To mileage in filing election returns, etc., in 

county clerk’s office, 25 miles at 4c f. 1 00 


$18 00 


STATE OF NEW YORK, 

Albany County, 

-, inspector of election for the first election district of 

the town of., in said county, being duly sworn, deposes 

and says, that the items contained in the foregoing account are cor¬ 
rect, and that the services charged therein have been in fact rendered 
and that no part thereof has been paid or satisfied. 


Inspector of Election. 

Sworn to before me, this .... ) 
day of.. 18.. . ) 



(The above oath maybe taken before the chairman of the town board or any other person 
authorized to administer oaths.) 


♦There appears to be no general provision of law fixing the number of hours for a day’s 
service. The question is appropriately one for settlement by towu or city auditing boards 
It is customary, however, in many of the counties, to allow two days’ compensation for 
each day of attendance at meetings for registry and on election day. 

tin towns inspectors cannot charge for this service, and only the inspector designated to 
file returns should include this item in his bill. 





















;Form No. 28. Section 32, sub cl, I.) 

Form of Registry in Cities of the First Class. 


Election Code 


145 


Remarks. 









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jo qujs no JoquuiK 








•UOJJBJJSISOJ JO 0}B(I 





. 



•uozjjio pazqBjnj'Bjtf 








noziqo oajjb^j 








•joujsip nojjoojo 
ui eoaopiso.i jo qjSaeq 








•Xjnnoo 

ui 0 OU 0 p{S 0 a jo q)3uaq 








•0JBJC: 

uj eoaopjeoj jo qjSaeq 








•0Sy 








•uiooj jo joojj jo aoqrariM 








•0nu0AB jo J00JJS 








jequmu 0OU0PJS0H 








CHRISTIAN NAMES. 








SURNAMES. 








•jnouqiojue jo joqumx 

ll 
































































146 


Election Code. 


(Form No. 29. Section 32, subd. 2.) 


Form of Registry in Other Districts. 


Number of enrollment. 

SURNAMES. 

CHRISTIAN NAMES. 

Residence number. 

Street or avenue. 

Date of registration. 

Number on stub of 

official ballot. 

Remarks. 


















































(Form No. 30. Section 32, snbd. 3.) 

List of persons enrolled in election district in (cities of the first 
class), on the.day of.. 189.. (To be made imme¬ 

diately after the close of each day of registration.) 


Residence (number 
or other designa¬ 
tion). 


Street. 


NAME OF VOTER. 


14 


Smith, John M. 
Jones, Charles M. 


15 

























































Election Code. 


147 


(Form No. 31. Section 34, subd. 6 of Election Law.) 

Form of Preliminary Oath on Challenge for Registry. 

“ You do swear (or affirm) that you will fully and truly answer all 
such questions as shall be put to you, touching your place of residence 
and qualifications as an elector.” 

Questions under Preliminary Oath. 

1. What is your name ? 

2. What is your age ? 

3. Where do you reside ? State precisely as you are able your 
residence, by street and number, if it have a street number, and other¬ 
wise describe the locality thereof. 

(If not a householder), state the name of the householder with 
whom you reside, and in like manner describe the residence of such 
householder. 

4. How long have you resided in this election district ? 

5. What was your last place of residence before you came into this 
election district ? 

6. How long have you resided in this country ? 

7. How long have you resided in this state ? 

8. Are you a native or naturalized citizen ? 

If a naturalized citizen the following questions should be asked: 

9. When were you naturalized f 

10. Where , and in what court , or before what officer f 

11. How long have you resided in the United States ? 

12. Did you come into this election district for the purpose of voting 
at the next ensuing election ? 

13. How long do you contemplate residing in this election district? 

14. Have you made any bet or wager, or are you directly or indi¬ 
rectly interested in any bet or wager depending on the result of the 
next ensuing election ? 

15. Have you received, or offered to receive, or do you expect to 
receive, any money or other valuable thing as a compensation or reward 
for giving your vote at the next ensuing election ? 

16. Have you paid, offered or promised to pay, contributed, offered 
or promised to contribute to another, to be paid or used, any money or 
other valuable thing, or made any promise 40 influence the giving or 
withholding of any vote at the next ensuing election ? 

17. Have you been convicted of bribery or any infamous crime, or 
if so convicted, have you been pardoned and restored to all the rights 
of a citizen ? 

In addition to all may be asked other questions which may tend to 
test the qualifications of the applicant for registry as a resident of the 
election district, citizenship and right to vote at such election at such 
polling place. 

After receiving answers in full to these and such other questions as 
may be put, the board shall, if satisfied, enter name of applicant upon 
register, or, if not, are to point out to the challenged person the quali¬ 
fication or qualifications (if any) in respect to which he shall appear to 


148 


Election Code. 


them to be deficient. If he persists in his claim to be registered and 
the challenge be not withdrawn, one of the board may then administer 
to him the following: 

Form of General Oath. 

“ You do swear (or affirm) that you are twenty-one years of age, 
that you have been a citizen of the United States for ninety days, and 
an inhabitant of this state for one year next preceding this election, 
and for the last four months a resident of this county, and for thirty 
days a resident of this election district, and that you have not voted at 
this election.” 

If the person so offering to vote shall be challenged for causes stated 
in section two of article two of the constitution of this state the fol¬ 
lowing additional oath shall be administered by one of the inspectors: 

“ You do swear (or affirm) that, you have not received or offered, do 
not expect to receive, have not paid, offered or promised to pay, con¬ 
tributed, offered or promised to contribute to another, to be paid or 
used an,p money or other valuable thing as a compensation or reward 
for the giving or withholding a vote at this election, and have not 
made any promise to influence the giving or withholding of any such 
vote; and that you have not made, or become directly or indirectly 
interested in any bet or wager depending upon the result of this 
election.” 

If the person so offering shad be challenged on the ground of 
having been convicted of bribery or any infamous crime, the following 
additional oath shall be administered to him by one of the inspectors: 

“You do swoar (or affirm) that you have not been convicted of 
bribery or any infamous crime, or if so convicted, that you have been 
pardoned and restored to all the rights of a citizen.” 


(Form No. 32. Section 35, subd. 1.) 

Form of Certificate of Registration. 

(To be made at the close of each meeting for registration of electors 
for general or other election elsewhere than in a city, or in a district 
wholly within a village having five thousand inhabitants or more.) 

STATE OF NEW YORK, 


We hereby certify that the above register as it now is, comprising 
(here insert the number) names, is a true and correct register of all 
electors qualified to vote at such election in such district, who have 
personally applied for registration, or whose names the board was 
required to place thereon. 

Dated,., 189.. 



Inspectors . 








Election Code. 


H9 


(Form No. 33. Section 35, subd. 1.) 

Form of Certificate of Registration. 

(To be made at the close of each meeting for registration of electors 
for general or other election in a city, or an election district wholly 
within a village having five thousand inhabitants or more.) 

STATE OF NEW YORK, 


We hereby certify that the above register as it now is, comprising 
(here insert the number) names, is a true and correct register of the 
names and residences of all the electors qualified to vote at the 

. election in this district, who have personally appeared 

before til e board of registration. 

Dated. .. 189.. 



Inspectors. 








(Form No. 34. Section 84.) 

Tally Sheet. 


150 


Election Code 
































































Election Code. 


151 


(Form No. 35. Section 84.) 

Form of Ballot Return.* 

Sample. 

Form of ballot return to be prepared by the ballot clerks, and 
attached to the original statement of canvass made by the 
inspectors and to each copy, in compliance with subdivision 
two of section one hundred and three of the Election Law: 

1. The number of full sets of official ballots furnished to elec¬ 
tion district number (five) of the (town of Canandaigua), 
county of (Ontario), were. .. 800 

2 The number of sets of official ballots cancelled before deliv¬ 
ery to voters by reason of one or more of the set being 


found defective in printing or mutilated, all of which were 
destroyed by us, were. . 5 

3. The number of sets of official ballots spoiled and returned 

by voters, all of which were destroyed by us, were. 10 

4. The number of sets of official ballots returned to the county 

clerk or other officer, unused, were. 300 

5. The number of sets of official ballots actually voted were... 485 


6. Total sets of official ballots accounted for are. 800 


7. The number of sets of detached stubs were.. 500 

8. The number of sets of stubs on unused ballots were. 300 


9. The total sets of stubs accounted for are.. 800 


We hereby certify that the.foregoing ballot return for election dis¬ 
trict number (five) of the (town of Canandaigua), county of (Ontario), 
for the election held November (5th, 1895), is correct. 

(Signed.) . 

Ballot Clerks . 


(Form No. 36. Section 84.) 

Form of Inspectors’ Return and Statement of Canvass.* 

Sample. 

Inspectors’ returns and statement of canvass.— Original official 
statement of the result of a (general) election, held on the 
(fifth) day of November (1895), in the (fifth) election district 
of the (town of Canandaigua', county of (Ontario), state of 
New York, made by the inspectors of election in and for said 
district, which return is made as provided in section one hun¬ 
dred and eleven of the Election Law. 


* See section 103, subd. 2, of Election Law. 






















152 


Election Code. 


Return of Ballots Voted. 

1. The whole number of general ballots actually voted, as veri¬ 
fied by the return of the ballot clerks attached hereto, were 
(four hundred and eighty-five). 485 


2. The number of general ballots cast and found to be entirely 

blank, all of which were returned by us to the ballot box, 
were (five). 5 

3. The number of general ballots cast which were rejected by 

us as “ void ” and on which no vote was counted for any 
candidate, all of which are in the sealed package returned 
herewith, and on each of which ballot is indorsed the rea¬ 


son for such rejection, were (ten). 10 

4. The number of general ballots cast on which votes were 

counted for one or more candidates, all of which were 
returned to the ballot box (except those protested as being 
marked for identification), were (four hundred and seventy) 470 

5. The total number of ballots accounted for by us are. 485 


We certify the foregoing statement of ballots voted is correct in 
all respects. 

Dated, this (fifth) day of ^November, (1895). 


Board of Inspectors. 


(Form No. 37. Section 84.) 

Statement and Return of the Votes for the Office of (Governor). * 
1. The number of ballots cast on which votes were counted for 


any candidate for office were (four hundred and seventy).. 470 

2. The number of ballots cast and counted on which there was 

no vote for the office of (governor) were (five). 5 


3. The whole number of ballots on which votes were counted 
for the office of (governor) were (four hundred and sixty- 
five) .-. 465 


4. Of which (Levi P. Morton) received (three hundred). 300 

5. (David B. Hill) received (one hundred and sixty-five). 165 


Total ... 465 


* See section 103, subd. 2, of Election Law. 





























Election Code. 


153 


Statement and Return of the Votes for the Office of (Lieutenant-Governor). 


1. The whole number of ballots cast on which votes were 

counted for any candidate for office were (four hundred and 
seventy).. 4*70 

2. The number of ballots cast and counted on which there was 

no vote for the office of (lieutenant-governor) were (seven) 7 


3. The whole number of ballots on which vo'es were counted 
for the office of (lieutenant-governor) were (four hundred 
and sixty-three). 463 


4. Of which (Charles T. Saxton) received (three hundred and 

three). 303 

5. (William F. Sheehan) received (one hundred and sixty)_ 160 


Total.. 463 


Statement and Return of the Votes for the Office of (County Clerk). 

1. The whole number of ballots cast on which votes were 
counted for any candidate for office were (four hundred 


and seventy)... 470 

2. The number of ballots cast and counted on which there was 

no vote for the office of (county clerk) were (ten). 10 


3. The whole number of ballots on which votes were counted 
for the office of (county clerk) were (four hundred and 
sixty)... 460 


4. Of which CTohn Doe) received (three hundred and fifteen).. 315 

5. (Richard Roe) received (one hundred and forty-five). 145 


Total. 460 


The number of general ballots “ protested as marked for identifica¬ 
tion” (all of which are in the sealed package returned herewith 
together with the void ballots) each of which have been indorsed by 
us “ protested as marked for identification,” the mark or marking to 
which objection was made being specified upon the back of each such 
ballot, and all of which were counted for the several candidates voted 

thereon in the foregoing returns, were (three,. .... (3) 

Rut such number does not include any ballot which was rejected bv 
us as void. Such void ballots are included in our return as “void” 
ballots on which no vote for any candidate was counted and are 
marked upon the back thereof “void” and indorsed with the reason 
for so declaring them. They are in the sealed package returned here¬ 
with together with the ballots ^protested as being marked for identi¬ 
fication.” 
























154 


Election Code. 


We certify the foregoing statement is correct in all respects. 
Dated, this (fifth) day of November, (1895). 


Board of Inspectors. 

(Note. —A similar certificate is to be made at the bottom of each 
sheet or half sheet of this return. If ballots are voted on an}’- consti¬ 
tutional amendment or question or proposition submitted, a similar 
return is to be included. Two certified copies of this original state¬ 
ment and return are to be made.) 


(Form No. 38 0 Section 84.) 

Blank for the RaporL of Assisted and Challenged Electors.* 

Three blank statements in the following form shall also be furnishfd 
to each board of inspectors, which shall, at the close of the election, 
be filled by them, and one original statement shall be attached to the 

original return, and a copy thereof to each copy of the original return. 

1. The names of persons who were challenged, and the challenge not 

withdrawn, were. . , in all, three.... (3) 

2. The names of pecsons who received assistance on account of physi¬ 

cal disability, were. ., in all, five__ (5) 

3. The names of persons who received assistance on account of being 

unable to write by reason of illiteracy, were. 

. , in all two_ (2) 

We certify the foregoing statement is correct. 

Dated, this (fifth) day of November, (1895). 


Board of Inspectors. 


(Form No. 39. Section 100 of Election Law.) 

Proclamation of Opening the Polls. 

Hear ye ! hear ye ! hear ye ! The polls of this election is opened, 
and all persons attending the same are strictly charged and commanded, 
by the authority and in the name of the people of this state, to keep 
the peace thereof during their attendance at this election on pain of 
imprisonment. And all persons are desired to take notice that the poll 
will be closed at sunset. 


(Form No. 40. Section 15 of Election Law.) 

Form of Precept in Case of Refusal to Obey the Lawful Commands of the 

Inspectors. 

[Blank precepts should be provided beforehand and be in possession of the board ready to be filled 

up for use.] 

The people of the State of New York to the sheriff of the (city and) 

county of.. or the constable of said (city or) county: 

Whereas, at the present annual (or special) election, held in and for 
election district number...., in the town of.(or in the 


* See section 103, subd. 2, of Election Law. 





















Election Code. 


755 


.ward of the city of,, .), or said county, - -, 

did willfully and intentionally obstruct the passageway to the polls of 
the said election, thereby hindering and preventing free access to the 
said poll, in open and known violation of the command of us, the 
undersigned, inspectors of this election, previously and publicly given 
in his hearing. You are, therefore, hereby ordered forthwith to arrest 

the said -- -, and him safely keep and detain in custody 

until the final canvass of the votes given in this election district shall 
be completed. 

Given under our hands and seals this.. .day of.. 18.. 

(To be signed by all or a majority of the inspectors.) 


(Form No. 41. Section 15 of Election Law.) 

Form of Deputation to be Written on Back of Precept in Case no Sheriff 

or Constable is Present. 

No sheriff or constable being present Ave hereby depute.to exe¬ 

cute the within process. 

(To be signed by all or a majority of board.) 


(Form No. 42. Section 15 of Election Law.) 

Form of Precept in Case of Disorderly Conduct in Presence or Hearing* 

of Inspectors. 

The People of the State of New York to the sheriff of the (city 
and) county of., or to any constable of said county: 

Whereas, At the present annual (or special) election, held in and 

for election district number...., in the town of.(or in 

the_ward of the city of.), in said (city and) county. 

-, in the presence (or in the hearing) of us, the under¬ 
signed inspectors of the said election, did by disorderly conduct, to- 
wit, by (here describe the misconduct particularly, as by loud and 

boisterous noises, or by violent stamping, or by assaulting., 

etc., or by commencing a riot and affray with divers persons, or as the 
case may be) interrupt and disturb the proceedings of us, the said 
inspectors, in conducting the election. You are, therefore, hereby 


ordered forthwith to arrest the said., and him safely 

detain in custody until the final canvass of the votes given in this 
election district shall be completed. 

Given under our hands and seals this... .day of., 18.. 

(The above should be signed by, at least, a majority of the inspectors.) 



















156 


Election Code. 


(Form No. 43. Section 102, subd. 3.) 

Form of Page of Poll-Book. 


Number of 
electors. 

NAMES OF ELECTORS. 

Residence 
of electors. 

Number 
of ballots 
delivered 
to electors 

Number 
on ballots. 

Remarks. 

1 . 

Adams, John. 

• 10 Grand . 

1 

8 

1 

8 


<3 

Allen, Charles. 

50 Hawk. 






v 



















(Form No. 44. Section 108, subd. 1 of Election Law.) 

Form of Preliminary Oath and Examination for Voting-. 

You do swear (or affirm) that you will fully and truly answer all 
such questions as shall be put to you touching your place of residence 
and qualification as an elector. 

1. What is your name ? 

2. What is your age ? 

3. Where do you now reside ? State as precisely as you are able 
the particular locality of your place of residence. 

4. How long have you resided in this election district ? 

5. What was your last place of residence before you came into tnis 
election district ? 

6. How long have you resided in this county ? 

7. How long have you resided in this State ? 

8. Are you a native or naturalized citizen ? 

If a naturalized citizen. 

9. When were you naturalized ? 

10. Where and in what court, or before what officer ? 

11. How long have you resided in the United States ? 

12. Did you come into this election district for the purpose of vot¬ 
ing at the next ensuing election ? 

13. How long do you contemplate residing in this election district ? 

































Election Code. 


157 


14. Have you made any bet or wager, or are you directly or indi- 

rectly interested in any bet or wager depending on the result of the 
next ensuing election ? 

lo. Have you received, or offered to receive, or do you expect to 
receive, any money or other valuable thing as a compensation or re¬ 
ward for giving your vote at the next ensuing election ? 

1G. Have you paid, offered or promised to pay, contributed, offered 
01 promised to contribute, to another, to be paid or used, any money 
or other valuable thing, or made any promise, to influence the giving 
or withholding of any vote at the next ensuing election P 

17. Have you been convicted of bribery or any infamous crime, or, 
if convicted, have you been pardoned and restored to all the rights of 
citizenship ? 

In addition, such other questions may bo asked which may tend to 
test the qualifications of the person offering to vote as a resident of 
the election district, citizenship and right to vote at such polling-place. 


(Form No. 45. Section 108, subd. 2.) 

General Oath on Challenge. 

If the person so offering to vote shall persist in his claim to vote 
and the challenge shall not be withdrawn, one of the inspectors shall 
then administer to him the following oath: “You do swear (or affirm) 
that you are twenty one years of age, that you have been a citizen of 
the United States for ninety days, and an inhabitant of this State for 
one year next preceding this election, and for the last four months a 
resident of this county, and for thirty days a resident of this election 
district, and that you have not voted at this election.” 

If the person so offering to vote shall be challenged for causes stated 
in section 2 of article 2 of the constitution of this state, the following 
additional oath shall be administered by one of the inspectors : “ You 
do swear (or affirm) that you have not received or offered, do not ex¬ 
pect to receive, have not paid, offered or promised to pay, contributed, 
offered or promised to contribute to another, to be paid or used, any 
money or other valuable thing as a compensation or reward for the 
giving or withholding a vote at this election, and have not made any 
promise to influence the giving or withholding of any such vote; and 
that you have not made, or become directly or indirectly interested in 
any bet or wager depending upon the result of this election.” 

If the person so offering shall be challenged on the ground of hav¬ 
ing been convicted of bribery or any infamous crime, the following 
additional oath shall be administered to him by one of the inspectors: 
“ You do swear (or affirm) that you have not been convicted of bribery 
or any infamous crime, or if so convicted, that you have been pardoned 
and restored to all the rights of a citizen.” 



15S 


Election Code. 


(Form No. 46. Section 108, subd. 3 of Election Law.) 

Form of Memorandum of Challenges. 

At a general election held in election district No...., in the town 

of.. (or in the.ward of the city of.), in the 

county of.. on the.day of November, 18.the following 

persons were challenged and respectively took the oath or oaths as 
stated below, to-wit: 

...... each took the preliminary oath; 

whereupon the challenge was in each case withdrawn. 

..., .. each took the preliminary and 

also the general oath (or affirmation). 

We certify that the above is all such minutes as to all persons chal¬ 
lenged at this election. 

Dated at.. November ..., 189.. 


Inspectors. 


(Form No. 47. Section 111 of Election Law.) 

Form of Statement of Canvass. 

Statement of the result of a general election held in and for the 

.election district of the town of.(or of the 

.ward of the city of. .), in the county 

of. o, on the... .day of November, in the year of our Lord 

one thousand eight hundred and., made by the inspectors of 

election in and for said district, viz. :* 

Protested as marked for identification, five votes. 

Number of void ballots rejected, ten. 

We certify that the foregoing statement is in all respects correct.f 

Dated this... *day of November, in the year 189.. J 


Inspectors. 


* Here insert separate return for each office of the votes cast for each candidate therefor in the 
form prescribed for such returns and statement in section 84, ante. See Form No. 37. 

t This certificate should be made at the end of each return contained in the original statement of 
the canvass, and also at the bottom of each sheet or half sheet thereof. Any inspector or noli clerk 
:>r ballot clerk who shall refuse to sign any return required by the Election Law must state the 
grounds upon which such refusal is based upon such return over his signature. See section 111 of 
Election Law. 

X On the first page or pages of this statement there should be a return of the ballots voted. 


I 





























Election Code. 


159 


Additional certificate to be subjoined to copies to be filed in town oi 
city clerk’s office: 

We certify that the foregoing is a true copy of the original state¬ 
ment made by us for the board of county canvassers. 


Inspectors. 


(Form No. 48, Section 112 of Election Law.) 

Form for Proclamation of Result. 

Hear ye ! hear ye !! hear ye !!! The whole number of votes given 

for the office of.. found in the box just canvassed, was....; 

of which number there were given for said office, for., ...., 

for. ... ...., for., .... (naming each person voted 

for, for the office of.. and the number of votes given for 

him for that office). 

The whole number of votes given for the office of.. found 

in the same box, was....; of which there were given for that office 

for...., r ..., for.. .... ( Proceed with the votes 

given for the different candidates .) 















160 


Election Code. 


(Form No. 49. Section 17.) 

Diagram of Room Eighteen by Twenty Feet, Illustrating 
Location of Five Booths for Poll of Two Hundred and 
Fifty Voters, with Location of Election Officers. 



XX X—Challengers (in plain view of the election officers and booths). 
N—Entrance through guard-rail. 


























(FORM NO. 50 —SECTION 81.) 

Form of General Ballot. 




THIS BALLOT SHOULD BE MARKED IN ONE OF TWO WAYS WITH A PENCIL H WING BLACK LEAD. 

TO VOTE A STRAIGHT TICKET, MAKE A CROSS X MARK WITHIN THE CIRCLE ABOVE ONE OF THE PARTY COLUMNS. 

TO VOTE A SPLIT TICKET, THAT IS, FOR C \NDIDATES OF DIFFERENT PARTIES, THE VOTER SHOULD MAKE A CROSS X MARK BEFORE THE NAME OF EACH CANDIDATE FOR WHOM HE VOTES. ^ t.yK Ks SO OMITTED BY MAKING A CROSS X MARK BEFORE THE NAMES OF 

IF THE TICKET MARKED IN THE CIRCLE FOR A STRAIGHT TICKET DOES NOT CONTAIN THE NAMES OF CANDIDATES FOR ALL OFFICES FOR WHICH THE ELECTOR MAA T VOTE, HE MAA NOIL FOR CANDIDATES FOR SUCI 

CANDIDATES FOR SUCH OFFICES ON ANOTHER TICKET, OR, BY WRITING THE NAMES, IF THEY ARE NOT PRINTED UPON THE BALLOT, IN THE BLANK COLUMN UNDER THE TITLE OF THE OFFICE. 

TO VOTE FOR A PERSON NOT ON THE BALLOT, WRITE THE NAME OF SUCH PERSON, UNDER THE TITLE OF THE OFFICE, IN THE BLANK COLUMN. 

ANY MARK OTHER THAN THE CROSS X MARK USED FOR THE PURPOSE OF VOTING OR ANY ERASURE MADE ON THIS BALLOT MAKES IT VOID, AND NO VOTE CAN BE COUNTED HEREON. 

IF YOU TEAR, OR DEFACE, OR WRONGLY MARK THIS BALLOT, RETURN IT AND OBTAIN ANOTHER. 



Sh t 



'thin 


REPUBLICAN TICKET. 


For Secretary of State, 
JOHN PALMER. 


For Comptroller, 

J \MES A. ROBERTS. 


For Treasurer, 
ADDISON B. COLVIN. 


For Attorney-General, 
THEODORE E. HANCOCK. 


For State Engineer and Surveyor, 
CAMPBELL W. ADAMS. 


For Associate Judge of the 
Court of Appeals, 
CELORA E. MARTIN. 


For Justice of Supreme Court, 
JAMES W. DUNWELL. 


EDWIN A. NASH. 


CHARLES A. STEELE. 


For Senator, 
JOHN RAINES. 




jATa'Sht 



a.craiS’h* 


in W''* 



**«hi» 


DEMOCRATIC TICKET. 


REFORM ORGANIZATION 
TICKET. 


For Member of Assembly, 
CHARLES A. STEELE. 


For Coroner, 

ORLANDO J. HALLENBECK. 



For Secretary of State, 
HORATIO C. KING. 

i 

For Secretary of State, 
HORATIO C. KING. 


For Comptroller, 

JOHN B. JUDSON. 

1 

For Comptroller, 

JOHN B. JUDSON. 


For Treasurer, 

DE WITT CLINTON DOW. 


For Treasurer, 

DE WITT CLINTON DOW. 

[ 

For Attorney-General, 
NORTON CHASE. 


For Attorney-General, 
NORTON CHASE. 


For State Engineer and Surveyor. 
RUSSELL R. STUART. 


For State Engineer and Surveyor, 
RUSSELL R. STUART. 


For Associate Judge of the 
Court of Appeals, 

JOHN D TELLER. 


For Associate J udge of the 

Court of Appeals, 

JOHN D. TELLER. 


For Justice of Supreme Court, 
JONAS P. VARNUM. 


For Justice of Supreme Court, 

NO NOMINATION. 


CHARLES McLOUTH. 


NO NOMINATION. 


MILTON WARNER. 


NO NOMINATION. 


For Senator, 

J. HENRY METCALF. 


For Senator, 

NO NOMINATION. 


For Member of Assembly, 
MILTON WARNER. 


For Member of Assembly, 

NO NOMINATION. 


For Coroner, 

JOHN H. PRATT. 


For Coroner, 

NO NOMINATION. 









a, ighf 



V,„ IV'* 


PROHIBITION TICKET. 


For Secretary of State, 
WILLIAM W. SMITH. 


For Comptroller, 
FREDERICK B. DEVENDORF. 


For Treasurer, 
WILLIAM R. RATHBUN. 


For Attorney General. 
ELIAS ROOT. 


For State Engineer and Surveyor, 
WALTER A. MILES. 


For \ssociate Judge of the 
Court of Appeals, 
EDWIN C ENGLISH. 

For Justice of Supreme Court, 
NO NOMINATION. 


NO NOMINATION. 

NO NOMINATION. 

For Senator, 
ENOCH O. MARSH. 


For Member of Assembly, 
JAM-S ELL OT. 


For Coroner, 

NO NOMINATION. 



atrai Kht 



•'thin 


SOCIALIST LABOR 
TICKET. 


For Secretary of State, 
ERASMUS PELLENZ. 


For Comptroller, 
PATRICK MURPHY. 


For Treasurer, 
WILLIAM F. STEER. 


For Attorney-General, 
JOHN H. MOORE. 


For State Engineer and Surveyor, 
MORRIS BERMAN. 


For Associate Judge of the 
Court of Appeals, 
HENRY P. GRAY. 


For Justice of Supreme Court, 
NO NOMINATION. 


NO NOMINATION. 


NO NOMINATION. 

For Senator, 

NO NOMINATION. 


For Member of Assembly, 
NO NOMINATION. 


For Coroner, 

NO NOMINATION. 



avrairhe 



PEOPLE’S TICKET. 


For Secretary of State, 
THADDEUS B. WAKEMAN. 


For Comptroller, 
DAVID ROUSSEAU 


For Treasurer, 
HERBERT L. CASE. 


For Attorney-General, 
ELIAS ROOT. 


For State Engineer and Surveyor, 
ELIAS H. BORDEN. 


INDEPENDENT 

NOMINATIONS. 



atval 





INDEPENDENT CITIZENS' 
ORGANIZATION TICKET. 


For Secretary of State, 
HORATIO C. KING. 


For Comptroller, 
JOHN B. JUDSON. 


For Treasurer, 
DE WITT C. DOW. 


For Attorney-General, 
NORTON CHASE. 


blank column. 


THE ELECTOR MAY WRITE IN 
THE COLUMN BELOW, 
UNDER THE TITLE OF THE 
OFFICE, THE NAME OF 
ANY PERSON WHOSE NAME 
IS NOT PRINTED ON THE 
BALLOT, FOR WHOM HE 
DESIRES TO VOTE. 


For Secretary of State, 


For Comptroller, 


For Treasurer, 


For Attorney-General, 


For State Engineer and Surveyor, 
RUSSELL R. STUART. 


For Associate Judge of the 
Court of Appeals, 
CHARLES WARD. 


For Associate Judge of the 
Court of Appeals, 
JOHN D. TELLER. 


For Justice of Supreme Court, 
NO NOMINATION. 


NO NOMINATION. 


NO NOMINATION 


For Senator, 

HERBERT G. RANDALL. 


For Member of Assembly, 
JOHN MCDONOUGH. 


For Coroner, 

NO NOMINATION. 



For State Engineer and Surveyor, 


For Associate Judge of the 
Court of Appeals, 


For Justice of Supreme Court, 


For Senator, 


For Member of Assembly, 


For Coroner. 











































































































































































































































































































































No. 930 


OFFICIAL BALLOT FOR 
ELECTION DISTRICT 
NO. 2, FARMINGTON, 
NOVEMBER 5, 1895. 


\ 


County Clerk 



Election Code. 


1(51 


Penal Provisions Relating to Elections. 


CIIAP. 693. 

AiN" ACT to amend the Penal Code. 

Approved by the Governor May 19, 1892. Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1 . The several parts and sections of the Penal Code, corre¬ 
sponding to those hereinafter specified, are amended to read as follows, 
to take clfect immediately: 


TITLE V. 


Of Crimes Against the Elective Franchise. 


Section 41. 

41a. 

41b. 

41c. 

41d. 

41e. 

41 f. 
41g. 

41h. 

41i. 

41j. 

41k. 

411. 

41m. 

41n. 

41o. 

41p. 

41q. 

41r. 

41s. 

41t. 

' 41u. 
v 41v. 
41 w. 
41x. 
4lx. 
41y. 

41a. 


Misdemeanors at political caucuses, primary elections, enrollment 
in political parties, committees and conventions. 

False registration. 

Mutilation, destruction or loss of registry list. 

Misconduct of registry officers. 

Failure of house dweller to answer inquiries. 

Removal, mutilation or destruction of election supplies, poll-lists 
or cards of instruction. 

Refusal to permit employes to attend election. 

Misconduct in relation to certificates of nomination and official bal. 
lots. 

Failure to deliver official ballots. 

Misconduct of election officers and watchers. 

Violation of election law by public officer. 

Misdemeanors in relation to elections. 

Voting after conviction of infamous crime. 

Voting by inhabitant of another state or country. 

False returns. 

Furnishing money or entertainment to induce attendance at polls 
Giving considerations for franchise. 

Receiving consideration for franchise. 

Testimony upon prosecution. 

Bribery or intimidation of elector in military service of United States. 
Duress and intimation* of voters. 

Political assessments. 

Same. 

Corrupt use of position or authority. 

Failure to file candidate’s statement of expenses. 

Procuring fraudulent certificates in order to vote. 

Presenting fraudulent certificates to registry boards to procure 
registration. 


§ 41. Misdemeanors at, or in connection with, political 
caucuses, primary elections, enrollment in political parties, 
committees and conventions. Any person who:'* 

1. At a political caucus, or at a primary election of a party, 
willfully votes, or attempts to vote, without being entitled to do so, 
or votes, or attempts to vote, on any name other than his own, or 
more than once on his own name; or 



161a 


Election Code. 


2. Votes, or offers to vote, at a political caucus or at a primary 
election of a party, having voted at the political caucus or primary 
election of any other political party on the same day, or being at the 
time enrolled in a party other than the party at whose primary he 
votes or offers to vote; or 

3. At a political caucus, or at a primary election, for the purpose 
of affecting the result thereof, votes or attempts to vote two or more 
ballots, or adds, or attempts to add, any ballot to those lawfully 
cast, by fraudulently introducing the same into the ballot box 
before or after the ballots therein have been counted, or who adds 
to or mixes with, or attempts to add to or mix with, the ballots 
lawfully cast, another ballot or other ballots before the votes have 
been counted or canvassed, or while the votes are being counted or 
canvassed; or at any time abstracts any ballots lawfully cast, with 
intent to change the result of such election or to change the count 
thereat in favor of or against any person voted for at such election, 
or to prevent the ballots being recounted or used as evidence; or 
carries away, destroys, loses, conceals, detains, secretes, or muti¬ 
lates, or attempts to carry away, destroy, conceal, detain, secrete, 
or mutilate, any tally lists, ballots, ballot boxes, enrollment books, 
certificates of return, or any official documents provided for by the 
primary election law or otherwise by law, for the purpose of affect¬ 
ing or invalidating the result of such election, or of destroying evi¬ 
dence ; or in any manner interferes with the officers holding any 
primary election or conducting the canvass of the votes cast 
thereat, or with voters lawfully exercising, or seeking to exercise, 
their right of voting at such primary election; or 

4. For the purpose of securing enrollment as a member of a 
political party, or for the purpose of being allowed to vote at a 
primary election as a member of a political party, makes and files, 
or makes or files with the board of primary inspectors, or with 
any public officer or board, a false declaration of party affiliation 
or residence, or falsely answers any pertinent question asked him 
by the board of primary inspectors, or the board of election 
inspectors, or by a member thereof; or knowingly, on any day of 
registration or in the interval between any such day and the next 
ensuing day of general election, reveals or discloses the names or 
number of the enrolled electors of any party, or makes, publishes, 
or circulates a list of such names, or of any thereof, or does or 
permits any act by which the names of the party with which an 
elector has enrolled, or the number of electors enrolled with a party 
may be disclosed; or 

5. Fraudulently or wrongfully does any act tending to affect the 
result of any election at a political caucus or of any primary election 
or convention; or 

6. Induces or attempts to induce any officer, teller, canvasser, 
or primary election inspector, at a political caucus, or primary elec¬ 
tion or convention, to do any act in violation of his duty, or in 
violation of the election law or the primary election law; or 

7. Directly or indirectly, by himself, or through any other per- 
son, pays, or offers to pay, money or other valuable thing, or 


Election Code. 


161b 


promises a place or position, or offers any other consideration or 
makes any other promise, to any person, to induce any voter or 
voters to vote, or refrain from voting, at a political caucus, primary 
election, or convention, for or against any particular person or per¬ 
sons ; or does or offers to do, anything to hinder or delay any elector 
from taking part in, or voting at, a political caucus, or at a primary 
election; or 

8. By menace or other unlawful or corrupt means, directly or 
indirectly, influences or attempts to influence, the vote of any per¬ 
son entitled to vote at a political caucus, primary election, or con¬ 
vention, or obstructs such person in voting or prevents him from 
voting thereat; or 

9. Directly or indirectly, by himself or through any other person, 
receives money or other valuable thing, or a promise of a place or 
position, before, at, or after any political caucus, primary election, 
or convention, for voting or refraining from voting for or against any 
person, or for voting or refraining from voting at political caucus, 
primary election, or convention ; or 

10. Being an officer, teller, canvasser, primary inspector, at a 
political caucus, or at a primary election, knowingly permits any 
fraudulent vote to be cast, or knowingly receives and deposits in 
the ballot box any ballots offered by any person not qualified to 
vote; or 

11. Being an officer, custodian of primary records, election in¬ 
spector, poll clerk, primary inspector, knowingly enrolls, or attempts 
to enroll as a member of a political party, upon any of the enroll¬ 
ment books, any person not qualified to enroll as such, or fraudu¬ 
lently enters thereupon the name of any person who has not enrolled 
as a member of any political party, or refuses or willfully neglects 
to enroll upon any of the enrollment books the name of any 
qualified person who has demanded to be enrolled as a member of a 
political party, or at any time strikes from any of the enrollment 
books the name of any person duly enrolled, or at any time adds to 
any of the enrollment books the name of any person not qualified 
to be enrolled as a member of a political party, or the name of 
any person who in fact has not enrolled as such, or mutilates, alters, 
or destroys, any statement or declaration made by any qualified 
voter for the purpose of enrolling as a member of a party; or 

12. Being an officer, teller, canvasser, election inspector, primary 
inspector, or custodian of primary records, willfully omits, refuses 
or neglects to do any act required by the primary election law or 
otherwise by law, or violates any of the provisions of the primary 
election law, or makes or attempts to make any false canvass of 
the ballots cast at a political caucus, primary election, or conven¬ 
tion, or a false statement of the result of a canvass of the ballots 
cast thereat ; or 

18. Being a custodian of primary records, or an officer of a 
political committee, or of a convention, who is charged with, or 
assumes the duty of making up the preliminary roll of any conven¬ 
tion, willfully includes in such roll the name of any person not 
certified to be elected thereto in accordance with the provisions of 


162 


Election Code. 


law, or who willfully omits from such roll the name of any person 
who is so certified to be a delegate to such convention; 

Is guilty of a misdemeanor, punishable by imprisonment for not 
more than one year, or by a fine of not more than five hundred 
dollars, or by both such fine and imprisonment 

§ 41a, Any person who causes his name to be placed upon any list or register of 
voters in more than one election district for the same election or upon a list or 
register of voters knowing that he will not be a qualified voter in the district at 
the election for which such list or register is made, or who causes his name to be 
placed upon the rolls of a party organization of one party while his name is by his 
consent or procurement upon the rolls of a party organization of another party, or 
aids or abets any such act, is punishable by a fine of five hundred dollars and im¬ 
prisonment for not more than five years. 

Am’d ch. 255, 1897. In effect April 15, 1897. 

$ 41b. Mutilation, destruction or loss of registry list.—Any person who will¬ 
fully loses, destroys or mutilates the list or register of voters in any election 
district, or a certified copy thereof, after the making the same and before the 
closing of the polls of the election for which the same is made, is guilty of a 
misdemeanor. 

§ 41c. Misconduct of registry officers.—Any member or clerk of a registry 
board who willfully violates any provision of the election law relative to 
registration of electors or willfully neglects or refuses to perform any duty 
imposed on him by law, or is guilty of any fraud in the execution of the 
duties of his office, shall be punishable by imprisonment for not less than two 
and not more than ten years. 

Am’d by chap »i92 of 1893. In effect October 1, 1893. 

The provision of $ 29 of the Penal Code applies to the provision of 
this section which declares that any member of a registry 1 oard who willfully 
violates any provision of the Election Law relative to the registration of elec¬ 
tors shall be punishable bv imprisonment, etc. People v. McKane, 148 N. Y. 
455; affirming 89 Hun, 822. A person who though not a member of a board 
of registry, induces or procures its members willfully to violate a provision of 
§ 89 of the Election Law in refusing or neglecting to keep the registers and 
copie i at all reasonable hours accessible to the public for examination or mak¬ 
ing copies thereof, is guilty of a crime and may be indicted as a principal 
jointly with the members of the board. Id. 

§ 41d. Failure of house-dweller to answer inquiries.—Any person dwelling 
in a building in a city who willfully refuses to truly answer any question 
asked by any elector of such city, between the first meeting of the" boards of 
registry therein for any election and the closing of the polls at such election, 
relating to the residence and qualifications as a voter of any person dwelling 
in such building, or of any person who appears upon the list or register of 
voters made by a board of registry as residing at such building, is guilty of a 
misdemeanor. ' 

£ 41e. Removal, mutilation or destruction of election booths, supplies, poll- 
lists or cards of instruction.—Any person who: 

1. During an election or town meeting, willfully defaces or injures a voting 
booth or compartment, or willfully removes or destroys any of the supplies 
or other conveniences placed in the voting booths or compartments in pursu¬ 
ance of law; or, 

2. Before the closing of the polls, willfully defaces or destroys any list of 
candidates to be voted for at such election or town meeting, posted in accord¬ 
ance with the election law ; or, 

3. During an election or town meeting, willfully removes or defaces the 
cards for the instruction of voters, posted in accordance with the election 
law, is guilty of a misdemeanor. 

Am’d bv chap. 714 of 1894. Took effect May 19, 1894. 

$ 41 f. Refusal to permit employes to attend election.— A person or corpora¬ 
tion who refuses to an employe entitled to vote at an election or town meet¬ 
ing, the privilege of attending thereat, as provided by the election law, or 
subjects such employe to a penalty or reduction of wages because of the ex¬ 
ercise of such privilege, is guilty of a misdemeanor. 

$ 4lg. Misconduct in relation to certificates of nomination, and official 
ballots.—A person who, 

1. Falsely makes or makes oath to, or fraudulently defaces or destroys, a 
certificate of nomination or any Dart thereof; or 


Election Code. 


163 


2. Files or receives for filing a certificate of nomination knowing 
that any part thereof was falsely made ; or 

3. Suppresses a certificate of nomination which has been duly filed, 
or any part thereof; or 

4. Forges or falsely makes the official indorsement of any ballot; or 

5. Having charge of official ballots, destroys, conceals or suppresses 
them, except as provided by law, 

Is punishable by imprisonment for not less than one nor more than 
five years. 

§ 41h. Failure to deliver official ballots. —Any person who has 
undertaken to deliver official ballots to any city, town or village clerk, 
or inspector, as authorized by the election law, and neglects or refuses 
to do so, is guilty of a misdemeanor. 

§ 41i. Misconduct of election officers and watchers.— Any 

election officer or watcher who: 

1. Reveals to another person the name of any candidate for whom 
a voter has voted ; or, 

2. Communicates to another person his opinion, belief or impres¬ 
sion as to how or for whom a voter has voted ; or, 

3. Places a mark upon a ballot, or does any other act by which one 
ballot can be distinguished from another, or can be identified ; or, 

4. Before the closing of the polls, unfolds a ballot which a voter 
has prepared for voting, is punishable by imprisonment for not less 
than six months nor more than one year. 

Am’d by chap. 714 of 1894. Took effect May 19, 1894. 

§ 41 j. Violation of election law by public officer. — A public 
officer who omits, refuses or neglects to perform any act required of 
him by the election law, or refuses to permit the doing of any act au¬ 
thorized thereby, is, if not otherwise provided by lav/, punishable by 
imprisonment for not more than three years, or by a fine of not more 
than three thousand dollars, or both. 

§ 41 k. Misdemeanors in relation to elections. — Any person 
who: 

1. Acts as an inspector of election, poll clerk or ballot clerk, without being 
able to read and write the English language, or without being otherwise 
qualified to hold such office; or, 

2. Being an inspector of election, knowingly and willfully permits or suffers 
any person to vote who is not entitled to vote thereat; or, 

b. Willfully and unlawfully obstructs, hinders or delays, or aids or assists 
in obstructing or delaying any elector on his way to a registration or polling 
place, or while he is attempting to register or vote; or, 

4. Electioneers on election day within a polling place, or in a public street, 
or in a building or room, unless such building or room has been maintained 
for such purpose for at least six months, previous to said election day, or in 
any public manner within one hundred feet of a polling place; or displays any 
political poster or placard, except those lawfully provided, in or upon any 
building used for registration or election purposes during any day for registra¬ 
tion or election; or, 

Amended by chap. 549 of 1896. In effect May 12, 1896. 

5. Removes any official ballot from a polling place before the closing of the 
polls; or, 

6. Unlawfnlly goes within the guard-rail of any polling place or unlawfully 
remains within such guard-rail after having been commanded to remove 
therefrom by any inspector of election; or, 

7. Enters a voting booth with'any voter or remains in a voting booth while 
it is occupied by any voter, or opens the door of a voting booth when the same 
is occupied by a voter, with the intent to watch such voter while engaged in 
the preparation of his ballot, except as authorized by the election law; or, 


164 


Election Code. 


8. Being or claiming to be a voter, permits any other person to be in a voting 
booth with him while engaged in the preparation of his ballot, except as author¬ 
ized by the election law, without openly protesting against and asking that such 
person be ejected; or, 

9. Having lawfully entered a voting booth with a voter, requests, persuades or 
induces such voter to vote any particular ballot or for any particular candidate, 
or, directly or indirectly, reveals to another the name of any candidate voted for 
by such voter, or anything occurring withiu such voting booth; or, 

10. Shows his ballot after it is prepared for voting, to any person so as to reveal 
the contents, or solicits a voter to show the same; or, 

11. Places any mark upon his ballot, or does any other act in connection with 
his ballot with the intent that it may be identified as the one voted bv him: or, 

12. Places any mark upon, or does any other act in connection with a ballot or 
paster ballot, with the intent that it may afterward be identified as having been 
voted by any particular person; or, 

13. Receives an official ballot from any person other than one of the ballot 
clerks having charge of the ballots; or, 

14. Not being a ballot clerk, delivers an official ballot to a voter; or, 

15. Not being an inspector of election, receives from any voter a ballot pre¬ 
pared for voting; or, 

16. Fails to return to the ballot clerks, before leaving the polling place or going 
outside the guard-rail, each ballot not voted by him; or, 

17. Willfully disobeys any lawful command of the board of inspectors, or any 
member thereof, is guilty of a misdemeanor. This section shall apply to general 
and special elections, municipal elections and town meetings, but nothing therein 
shall prevent any person from receiving or delivering an unofficial sample ballot, 
or from receiving, delivering and voting an unofficial ballot as authorized by the 
election law. 

Am’d by chap. 714 of 1894. Took effect May 19, 1894. 

§ 411. Voting after conviction of infamous crime.—Any person who has been 
convicted of an infamous crime and has been sentenced or committed therefor to 
a state prison or penitentiary, who votes at any election unless he shall have been 
pardoned and restored to all the rights of a citizen, is guilty of a misdemeanor. 

§ 41 in. Illegal voting.—Any person who, 

1. Knowingly votes or offers to vote at any election or town meeting, when not 
qualified; or, 

2. Procures, aids, assists, counsels or advises any person to go or come into any 
town, ward or election district, for the purpose of voting at any election or town 
meeting, knowing that such person is not qualified; or, 

3. Votes or offers to vote at an election or town meeting more than once; or 
votes or offers to vote at an election or town meeting under any other name than 
his own; or votes or offers to vote at an election or town meeting in an election 
district or place where he does not reside; or, 

4. Procures, aids, assists, commands or advises another to vote or offer to vote at 
an election or town meeting, knowing that such person is not qualified to vote 
thereat; or, 

5. Being an inhabitant of another state or country, votes or offers to vote at an 
election or town meeting in this state, is guilty of felony, punishable by imprison¬ 
ment in a state prison not less than two, nor more than five years. 

Am’d by chaps. 77 and 282 of 1894. Took effect Sept. 1, 1894. 

§ 41n. False returns.—An inspector or poll clerk of an election or town meet¬ 
ing, who intentionally makes, or attempts to make, a false canvass of the ballots 
cast thereat, or any false statement of the result of a canvass, though not signed 
by a majority of the inspectors, or any person who induces or attempts to induce 
any such inspector or clerk so to do, is guilty of a felony. 

§ 41o. Furnishing money or entertainment to induce attendance at polls.— 
Any person who, with the intent to promote the election of a person to an 
elective office: 

1. Furnishes entertainment to the electors before or during an election or 
town meeting at which such person is a candidate; or, 

2. Pays for, procures or engages to pay for such entertainment; or, 

3. Furnishes money or other property, or engages to compensate any person 
for procuring the attendance of voters at the polls of such election or town 
meeting; or, 

4. Contributes money for any other purpose than the printing and circulat¬ 
ing of hand bills, books and. other papers previous to an election or town 
meeting, or conveying electors to the polls, or music, or rent of halls, is guilty 
of a misdemeanor. Am’d by ch. 885, of 1895. To take effect September 1, 
1895. 

§ 41p. Giving consideration for franchise.— Any person who directly or indi¬ 
rectly, by himself or through any other person ; 

1. Pays, lends or contributes, or offers or promises to pay, lend or contribute 
any money or other valuable consideration to or for any voter, or to or for any 


Election Code. 


165 


other person, to induce such voter to vote or refrain from voting at any election, 
or to induce any voter to vote or refrain from voting at such election, for any par¬ 
ticular erson or persons, or for or against any particular proposition submitted to 
voters, or to induce such voter to come to the polls or remain away from the polls 
at such election, or to induce such voter to place or cause to be placed or refrain 
from placing or causing to be placed his name upon a registry of voters, or on ac¬ 
count of such voter having voted or refrained from voting or having voted or 
refrained from voting for or against any particular person or for or against any 
proposition submitted to voters or having come to the polls or remained awav 
from the polls at such election, or having placed or caused to be placed or refrained 
from placing or causing to be placed his name upon the registry of voters; or, 

2 . (rives, offers or promises any office, place or employment, or promises to pro¬ 
cure or endeavor to procure any office, place or employment to or for any voter, or 
to or for any other person, in order to induce such voter to vote or refrain from 
voting at any election, or to induce any voter to vote or refrain from voting at such 
election, for or against any particular person or persons, or for or against any 
proposition submitted to voters, or to induce any voter to place or cause to be 
placed or refrain from placing or causing to be placed his name upon a registry of 
voters; or, 

3. Gives, offers or promises any office, place, employment or valuable thing as 
an inducement for any voter or other person to procure or aid in procuring either 
a large or a small vote, plurality or majority at any election district, or other po¬ 
litical division of the state, for a candidate or candidates to be voted for at an elec¬ 
tion; or to cause a larger or smaller vote, plurality or majority to be cast or given 
for any candidate or candidates in one such district or political division than in 
another; or, 

4. Makes any gift, loan, promise, offer, procurement or agreement as aforesaid 
to, for or with any person to induce such person to procure or endeavor to procure 
the election of any person or the vote of any voter at any election; or, 

5. Procures or engages, or promises or endeavors to procure, in consequence of 
any such gift, loan, offer, promise, procurement or agreement, the election of any 
person, or the vote of any voter, at such election; or, 

6. Advances or pays or causes to be paid, any money or other valuable thing, 
to or for the use of any other person with the intent that the same, or any part 
thereof, shall be used in bribery at any election, or knowingly pays or causes to 
be paid any money or other valuable thing to any person in discharge or repay¬ 
ment of any money, wholly or in part expended in bribery at any election, is 
guilty of an infamous crime punishable by imprisonment for not less than three 
months nor more than one year, and in addition forfeits any office to which he 
may have been elected at the election with reference to which such offense was 
committed, and becomes incapable of holding any public office under the consti¬ 
tution and laws of this state for a period of five years after such conviction. 

Am’d by chap. 714 of 1894. Took effect May 19, 1894. 

§ 41q. Receiving consideration for franchise.—Any person who, directly or in¬ 
directly, by himself or through any other person: 

1. Receives, agrees or contracts for, before or during an election, any money, 
gift, loan or other valuable consideration, office, place or employment for himself 
or any other person, for voting or agreeing to vote, or for coming or agreeing to 
come to the polls, or for remaining away or agreeing to remain away from the 
polls, or for refraining or agreeing to refrain from registering as a voter, or for 
refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or 
for refraining or agreeing to refrain from voting for or against any particular per¬ 
son or persons at any election, or for or against any proposition submitted to 
voters at such election; or, 

2 . Receives any money or other valuable thing during or after an election on 
account of himself or any other person having voted or refrained from voting at 
such an election, or having registered or refrained from registering as a voter, or 
on account of himself or any other person having voted or refrained from voting 
for or against any particular person at such election, or for or against any propo¬ 
sition submitted to voters at such election, or on account of himself or any other 
person having come to the polls or remained away from the polls at such election, 
or having registered or refrained from registering as a voter, or on account of 
having induced any other person to vote or refrain from voting for or against any 
particular person or persons at such election, or for or against any proposition sub¬ 
mitted to voters at such election, is guilty of an infamous crime, punishable by 
imprisonment for not less than three months, nor more than one year, and in addi¬ 
tion shall be excludecTfrom the right of suffrage for five years after such convic¬ 
tion; and the county clerk of the county in which such person is convicted shall 
transmit a certified copy of the record of conviction to the clerk of each county of 
the state, within ten days thereafter, which copy shall be filed in his office by 

^ f QQirJ plprlrQ 

Am’d by chap. 714 of 1894. Took effect May 19, 1894. 

§ 41r. Testimony upon prosecution. —A person offending against any provision 
of section forty-one-p or of section forty-one-q of this code is a competent witness 


166 


Election Code. 


against another person so offending and may be compelled to attend and testify 
on any trial, hearing or proceeding, or investigation in the same manner as any 
other person. The testimony so given shall not be used in any prosecution or 
proceeding, civil or criminal, against the person testifying. A person testifying 
shall not thereafter be liable to indictment, prosecution or punishment for the 
offense with reference to which his testimony was given, and may plead or prove 
the giving of testimony accordingly, in bar of such an indictment or prosecution. 

Am’d by chap. 692 of 1893. In effect October 1, 1893. 

§ 41s. Bribery or intimidation of elector in military service of United States.— 

Any person who, directly or indirectly, by bribery, menace or other corrupt means, 
controls or attempts to control an elector of this state enlisted in the military ser¬ 
vice of the United States, in the exercise of his rights under the election law, or 
annoys, injures or punishes him for the manner in which he exercises such right, 
is guilty of a misdemeanor for which he may be tried at any future time when he 
may be found within this state; and upon conviction thereof shall thereafter be 
ineligible to any olfice therein. 

§ 411 . Duress and intimidation of voters. —Any person or corporation who di¬ 
rectly or indirectly: 

1. Uses or threatens to use any force, violence or restraint, or inflicts or 
threatens to inflict any injury, damage, harm or loss, or in any other manner 
practices intimidation upon or against any person in order to induce or compel 
such person to vote or refrain from voting at any election or to vote or refrain 
from voting for or against any particular person or persons or for or against any 
proposition submitted to voters at such election, or to place or cause to be placed 
or refrain from placing or causing to be placed, his name upon a registry of 
voters, or on account of such person having voted or refrained from voting at such 
election, or having voted or refrained from voting for or against any particular 
person or persons, or for or against any proposition submitted to voters at such 
election, or having registered or refrained from registering as a voter; or, 

2. By abduction, duress or any forcible or fraudulent device or contrivance 
whatever impedes, prevents or otherwise interferes with the free exercise of the 
elective franchise by any voter, or compels, induces or prevails upon any voter to 
give or refrain from giving his vote for or against any particular person at any 
election; or, 

3. Being an employer pays his employes the salary or wages due in “ pay en¬ 
velopes,” upon which there is written or printed any political motto, device or 
argument containing threats, express or implied, intended or calculated to influ¬ 
ence the political opinions or actions of such employes, or within ninety days of a 
general election puts or otherwise exhibits in the establishment or place’where 
liis employes are engaged in labor, any hand bill or placard containing any threat, 
notice or information that if any particular ticket or candidate is elected or de¬ 
feated, work in his place or establishment will cease, in whole or in part, his 
establishment be closed up, or the wages of his employes reduced, or other threats, 
express or implied, intended or calculated to influence the political opinions or 
actions of his employes, is guilty of a misdemeanor, and if a corporation shall in 
addition forfeit its charter. 

Am’d by chap. 714 of 1894. Took effect May 19, 1894. 

The said title is hereby amended by inserting therein a new section to be known 
as section forty-one-u, which shall read as follows: 

§ 41u. Political assessments. — Any two or more persons who conspire to pro¬ 
mote or prevent the election of any person or persons to a public office by the use 
of any means which are prohibited by law, shall be punishable by imprisonment 
for not less than six months nor more than one year; provided, any act besides 
such agreement be done to effect the object thereof by one or more of the parties 
to such conspiracy. 

§ 41v. Same. — Any person who : 

1. Being an officer or employe of the state, or of a political sub¬ 
division thereof, directly or indirectly uses his authority or official in¬ 
fluence to compel or induce any other officer or employe of the state or 
a political subdivision thereof, to pay or promise to pay any political 
assessments ; or 

2. Being an officer or employe of the state, or # of a political sub¬ 
division thereof, directly or indirectly, gives, pays or hands over to any 
other such officer or employe any money or other valuable tiling on 
account of or to be applied to the promotion of his election, appoint¬ 
ment or retention in office, or makes any promise, or gives any sub- 


Election Code. 107 

script]on to such officer or employe to pay or contribute any money or 
other valuable thing for any such purpose or object; or 

3 Being such an officer or employe and having charge or control 
of any building, office or room occupied for any purpose of the state 
or of a political subdivision thereof, consents that anv person enter 
the same for the purpose of making, collecting, receiving or giving 
notice of any political assessment; or 

4. Enters or remains in any such office, building or room, or sends 
or directs any letter or other writing thereto, for the purpose of giving 
notice of demanding or collecting, or being therein, gives notice of, 
demands, collects or receives, any political*assessment; 

5. Prepares or makes out, or takes any part in preparing or making 
out, any political assessment, subscription or contribution, with the 
intent that the same shall be sent or presented to or collected of any 
such officer or employe ; or 

6. Sends or presents any political assessment, subscription, or con¬ 
tribution to, or requests its payment of, any such officer or employe, 

Is guilty of a misdemeanor. 

§41w. Corrupt use of position or authority. —Any person who, 

1. While holding a public office, or being nominated or seeking a 
nomination or appointment therefor, corruptly uses or promises to 
use, directly or indirectly, any official authority or influence possessed 
or anticipated, in the way of conferring upon any person, or in order 
to secure, or aid any person in securing, any office or public employ¬ 
ment, or any nomination, confirmation, promotion or increase of 
salary, upon consideration that the vote or political influence or ac¬ 
tion of ihe person so to be benefited or of any other person, shall be 
given or used in behalf of any candidate, officer or party or upon any 
other corrupt condition or consideration ; or 

2. Being a public officer or employe of the state or a political sub¬ 
division having, or claiming to have, any authority or influence af¬ 
fecting the nomination, public employment, confirmation, promotion, 
removal, or increase or decrease of salary of any public officer or em¬ 
ploye, or promises or threatens to use, any such authority or influence, 
directly or indirectly to affect the vote or political action of any such 
public officer or employe, or on account of the vote or political action 
of such officer or employe ; or 

3. Makes, tenders or offers to procure, or cause any nomination or 
appointment for any public office or place, or accepts or requests any 
such nomination or appointment, upon the payment or contribution 
of any valuable consideration, or upon an understanding or promise 
thereof, or 

4 Makes any gift, promise or contribution to any person, upon the 
condition or consideration of receiving an appointment or election 
to a public office or a position of public employment, or for receiving 
or retaining any such office or position, or promotion, privilege, in¬ 
crease of salary or compensation therein, or exemption from removal 
or discharge therefrom, is punishable by imprisonment for not more 
than two years or by a line of not more than three thousand dollars 
or both. 

g 41x. Failure to file candidate’s statement of expenses.— 

Every candidate who is voted for at any public election held within 
this state shall, within ten days after such election, file as hereinafter 
provided an itemized statement showing in detail all the moneys con¬ 
tributed or expended by him, directly or indirectly, by himself or 
through any other person, in aid of his election. Such statement 


T e.' 


68 


Election Code. 


shall give the names of the various persons who received such moneys, the spe¬ 
cific nature of each item, and the purpose for which it was expended or con¬ 
tributed. There shall be attached to such statement an affidavit subscribed and 
sworn to by such candidate, setting forth in substance that the statement thus 
made is in all respects true, and that the same is a full and detailed statement of 
all moneys so contributed or expended by him, directly or indirectly, by himself 
or through any other person, in aid of his election. Candidates for offices to be 
filled by the electors of the entire state, or any division or district thereof greater 
than a county, shall file their statements in the office of secretary of state. The 
candidates for town, village and city offices, excepting in the city of New York, 
shall file their statements in the office of the town, village or city clerk, respect¬ 
ively, and in cities wherein there is no city clerk, with the clerk of the common 
council of the city wherein the election occurs. Candidates for all other offices, 
including all officers in the city and county of New York, shall file their state¬ 
ments in the office of the clerk of the county wherein the election occurs. Any 
candidate for office who refuses or neglects to file a statement as prescribed in 
this section shall be guilty of a misdemeanor, and shall also forfeit his office. 

§ 41x. Procuring fraudulent certificates in order to vote.—Any person who 
knowingly and willfully procures from any court, judge, clerk or other officer, a 
certificate of naturalization, which has been allowed, issued, signed or sealed in 
violation of the laws of the United States or of this state, with intent to enable 
himself or any other person to vote at any election when he or such person is not 
entitled by the laws of the United States to become a citizen or to exercise the 
elective franchise, is guilty of a felony. 

Added by chap. 692 of 1893. In effect October 1, 1893. 

§ 41y. Presenting fraudulent certificates to registry boards to procure regis¬ 
tration.— A person who knowingly and willfully presents to any board of officers, for the pur¬ 
pose of hauing himself or any other person placed upon any list ar registjy of voters, or to any 
board of officers for the purpose of enabling himself or any other person to vote at any elec¬ 
tion, any certificate of naturalization which has been allowed or issued by or procured from 
any judicial officer, clerk of a court, or other ministerial officer of a court, by any false state¬ 
ment, oath or representation, or in violation of the laws of the United States or of this State, 
with intent to enable any person to vote at any electiyn, when such person is not entitled to 
the laws of the United States to become a citizen, or of this state, to exercise the elective fran¬ 
chise, is guilty of a felony. 

Added by chap. 692 of 1893. In effect October 1, 1893. 

§41z. Any person who solicits from a candidate for an elective office money or other 
property, or who seeks to induce such candidate who has been placed in nomination to 
purchase any ticket, card or other evidence of admission to any ball, picnic, fair or enter¬ 
tainment of any kind, is guilty of a misdemeanor; but this section shall not apply to a 
request for a contribution of money by an authorized representative of the political party, 
organization or association to which such candidate belongs. Added by cn. 155, of 1895. 
To take effect September 1,1895. 

Congressional Apportionment Law. 


CHAP. 293. 

AN ACT dividing the state into congressional districts. 

Approved by the Governor April 13, 1892. Passed, three-fifths being present* 

The People of the State of New York , represented in Senate and 
Assembly, do enact as folloius: 

dis. Section 1. For the election of representatives in congress of the United States 
this state shall be and is hereby divided into thirty-four districts, namely: 

First district. —The counties of Suffolk and Queens shall compose the first 
district. 

Second district.— The first, second, fifth, sixth, seventh, eleventh and twen¬ 
tieth wards of the city of Brooklyn, as now constituted, shall compose the second 
district. 

Third district. —The fourth, third, tenth, twenty-second, ninth and twenty, 
third wards of the city of Brooklyn, as now constituted, together with the town 
of Flatbush, shall compose the third district. 

Fourth district.— The twelfth, eighth, twenty-fourth, twenty-fifth and twenty- 
sixth wards of the city of Brooklyn, as now constituted, together with the towns 
of New Utrecht, Gravesend and Flatlands, shall compose the fourth district. 



Election Code. 


169 


Fifth district. —The eighteenth, nineteenth, twenty-first, twenty-seventh and 
twenty-eighth wards of the city of Brooklyn, as now constituted, shall compose 
the fifth district. 

Sixth district. —The thirteenth, fourteenth, fifteenth, sixteenth and seven¬ 
teenth wards of the city of Brooklyn, as now constituted, shall compose the sixth 
district. 

Seventh district. —The county of Richmond, together with the first and fifth 
assembly districts of the county of New York, shall compose the seventh district. 

Eighth district. —The second, third and seventh assembly districts of the 
county of New York shall compose the eighth district. 

Ninth district. —The fourth, sixth and eighth assembly districts of the county 
of New York shall compose the ninth district. 

Tenth distiwct. —The ninth, thirteenth and fifteenth assembly districts of the 
county of New York shall compose the tenth district. 

Eleventh district. —The tenth, twelfth and fourteenth assembly districts of 
the county of New York shall compose the eleventh district. 

Twelfth district. —The eleventh, sixteenth and eighteenth assembly districts 
of the county New York shall compose the twelfth district. 

Thirteenth district. —The seventeenth and twentieth assembly district of the 
county of New York, and that portion of the twenty-first assembly district below 
the center of Fifty-ninth street in the city of New York, shall compose the thir¬ 
teenth district. 

Fourteenth district. —The nineteenth assembly district of the county of 
New York, that portion of the twenty-first assembly district between the center of 
Fifty-ninth street and the center of Seventy-ninth street, and that portion of the 
twenty-second assembly district below the center of Seventy-ninth street in the 
city of New York shall compose the fourteenth district. 

Fifteenth district. —That portion of the twenty-first assembly 
district between the center of Seventy-ninth street and the center of 
Eighty-sixth street; that portion of the twenty-second district 
above" the center of Seventy-ninth street of the city of New York, 
and the twenty-third assembly district of the county of New l r ork, 
shall compose the fifteenth district. 

Sixteenth district.— The twenty-fourth assembly district of the 
county of New Y r ork and the county of Westchester, shall compose 
the sixteenth district. 

Seventeenth district. —The counties of Rockland, Orange and 
Sullivan shall compose the seventeenth district. 

Eighteenth district.— The counties of Putnam, Dutchess and 
Ulster shall compose the eighteenth district. 

Nineteenth district.— The counties of Columbia and Rensselaer 
shall compose the nineteenth district. 

Twentieth district. —The county of Albany shall compose the 
twentieth district. 

Twenty-first district.— The counties of Greene, Schoharie, Otsego, 
Montgomery and Schenectady, shall compose the twenty-first district. 

Twenty-second district.— The counties of Fulton and Hamilton, 
Saratoga and Saint Lawrence shall compose the twenty-second district. 

Twenty-third district.— The counties of Clinton Franklin, Essex, 
Warren and Washington, shall compose the twenty-third district. 

Twenty-fourth district. —The counties of Oswego, Jefferson and 
Lewis, shall compose the twenty-fourth district 

Twenty-fifth district.— The counties of Oneida and Herkimer, 

shall compose the twenty-fifth district. _ 

Twenty-sixth district. —The counties of Delaware, Chenango, 
Broome, Tioga and Tompkins, shall compose the twenty-sixth district. 
i YNv enty-seventh district.— The counties of Onondaga and Madi¬ 
son, shall compose the twenty-seventh district. 

Twenty-eighth district.— The counties of Wayne, Cayuga, Cort¬ 
land, Ontario and Yates, shall compose the twenty-eighth district. 

Twenty-ninth district.— The counties of Chemung, Seneca, 
Schuyler and Steuben, shall compose the twenty-ninth district. 


1T0 


Election Code. 


Vords 
ised, de- 
ned. 


I 

i 

5 


Thirtieth district. —The counties of Niagara, Livingston, Wyom¬ 
ing, Genesee and Orleans shall compose the thirtieth district. 

Thirty-first district.— The county of Monroe shall compose the 
thirty-first district. 

Thirty-second district. —The first, second, third, fourth, fifth, 
sixth, seventh, eight,ninth, tenth, eleventh, twelfth, thirteenth, four¬ 
teenth, nineteenth and twentieth wards of the city of Buffalo, as now 
constituted, shall compose the thirty-second district. 

Thirty-third district.— The fifteenth, sixteenth, seventeenth, 
eighteenth, twenty-first, twenty-second, twenty-third, twenty-fourth 
and twenty-fifth wards of the city of Buffalo, as now constituted, and 
the fourth and fifth assembly districts of the county of Erie, which 
said fourth assembly district includes the said twenty-fifth ward of the 
city of Buffalo, shall compose the thirty-third district. 

Thirty-fourth district.— The counties of Chautauqua, Catta¬ 
raugus and Allegany, shall compose the thirty-fourth district. 

g 2. The words “assembly district,” when used in this act, refer to 
assembly districts as at present constituted. Whenever the word 
“ ward ” or “ wards ” is used in this act it shall be understood to refer 
to the ward or wards as constituted at the time of the passage of this 
act. 


CONSTITUTIONAL PROVISIONS APPLICABLE. 

ARTICLE II. 

§ 1. Every male citizen of the age of twenty-one years, who shall 
have been a citizen for ninety days, and an inhabitant of this State 
one year next preceding an election, and for the last four months a 
resident of the county, and for the last thirty days a resident of the 
election district in which he may offer his vote, shall be entitled to 
vote at such election in the election district of which he shall at the time 
be a resident, and not elsewhere, for all officers that now are or here¬ 
after may be elective by the people, and upon all questions which may 
be submitted to the vote of the people; provided that in time of war 
no elector in the actual military service of the State, or of the United 
States, in the army or navy thereof, shall be deprived of his vote by 
reason of his absence from such election district; and the Legislature 
shall have power to provide the manner in which and the time and 
place at which such absent electors may vote, and for the return and 
canvass of their votes in the election districts in which they respec¬ 
tively reside.* 

§ 2. No person who shall receive, accept, or offer to receive, or pay, 
offer or promise to pay, contribute, offer or promise to contribute to 
another, to be paid or used, any money or other valuable thing as a 
compensation or reward for the giving or withholding a vote at an elec¬ 
tion, or who shall make any promise to influence the giving or with. 


* See section 34, subd. 2 of Election Law. 






Election Code. 


171 


holding any such vote, or who shall make or become directly or 
indirectly interested in any bet or wager depending upon the result of 
any election, shall vote at such election; and upon challenge for such 
cause, the person so challenged, before the officers authorized for that 
purpose shall receive his vote, shall swear or affirm, before such offi¬ 
cers that he has not received or offered, does not expect to receive* 
has not paid, offered or promised to pay, contributed, offered or 
promised to contribute to another, to be paid or used, any money or 
other valuable thing as a compensation or reward for the giving or 
withholding a vote at such election, and has not made any promise to 
influence the giving or withholding of any such vote, nor made or 
become directly or indirectly interested in any bet or wager depending 
upon the result of such election. The Legislature shall enact laws 
excluding from the right of suffrage all persons convicted of bribery 
or of any infamous crime. 

Amended by Convention of 1894, and ratified Nov, 6, 1894. 

§ 3. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence, by reason of his presence or absence, while 
employed in the service of the United States; nor while engaged in 
the navigation of the waters of this State, or of the United States, or 
of the high seas; nor while a student of any seminary of learning; 
nor while kept at any alms-house or other asylum, or institution 
wholly or partly supported nt public expense or by charity nor while 
confined in any public prison. 

New matter in Italics. 

Amended by Convention of 1894, and ratified Nov. 6, 1894. 

Soldiers' Home at Bath is an “asylum.” Silvey v. Lindsay , 107 N. Y. 55. 

§ 4. Laws shall be made for ascertaining, by proper proofs, the 
citizens who shall be entitled to the right of suffrage hereby estab¬ 
lished, and for the registration of voters; ichich registration shall be 
completed at least ten days before each election. Such registration shall 
not be required for town and village elections except by express provision 
of law. In cities and villages having five thousand inhabitants or 
more , according to the last preceding State enumeration of inhabitants , 
voters shall be registered upon personal application only ; but voters not 
residing in such cities or villages shall not be required to apply in 
person for registration at the first meeting of the officers having charge 
of the registry of voters. 

New matter in Italics. 

Amended by Convention of 1894, and ratified Nov. 6, 1894. 

§ 5. All elections by the citizens, except for such town officers as 
may by law be directed to be otherwise chosen, shall be by ballot, or 


172 


Election Code. 


by such other method as may be prescribed by law , provided that secrecy 
in voting be preserved. 

New matter in Italics. 

Amended by Convention of 1894, and ratified Nov, 6, 1894. 

§ 6. All laws creating, regulating or affecting boards or officers 
charged with the duty of registering voters, or of distributing ballots 
at the polls to voters, or of receiving, recording or counting votes at 
elections, shall secure equal representation of the two political par¬ 
ties, which at the general election next preceding that for which such 
boards or officers are to serve, cast the highest and the next highest 
number of votes. All such boards and officers shall be appointed or 
elected in such manner, and upon the nomination of such representa¬ 
tives of said parties respectively, as the Legislature may direct. Ex¬ 
isting laws on this subject shall continue until the Legislature shall 
otherwise provide. This section shall not apply to town meetings, or 
to village elections. 

(New.) 

Amendment of Convention of 1894 and ratified Nov. 6, 1894. 

ARTICLE III. 

§ 3. The State shall be divided into fifty districts, to be called 
senate districts, each of which shall choose one senator. The dis¬ 
tricts shall be numbered from one to fifty, inclusive. 

District number one (1) shall consist of the counties of Suffolk and 
Richmond. 

District number two (2) shall consist of the county of Queens. 

District number three (3) shall consist of that part of the county 
of Kings comprising the first, second, third, fourth, fifth and sixth 
wards of the city of Brooklyn. 

District number four (4) shall consist of that part of the county of 
Kings comprising the seventh, thirteenth, nineteenth and twenty- 
first wards of the city of Brooklyn. 

District number five (5) shall consist of that part of the county of 
Kings comprising the eighth, tenth, twelfth and thirtieth wards of 
the city of Brooklyn, and the ward of the city of Brooklyn which was 
formerly the town of Gravesend. 

District number (6) shall consist of that part of the county of 
Kings comprising the ninth, eleventh, twentieth and twenty-second 
wards of the city af Brooklyn. 

District number seven (7) shall consist of that part of the county 
of Kings comprising the fourteenth, fifteenth, sixteenth and seven¬ 
teenth wards of the city of Brooklyn. 


Election Code. 


173 

District number eight (8) shall consist of that part of the county of 
Kings comprising the twenty-third, twenty-fourth, twenty-fifth and 
twenty-ninth wards of the city of Brooklyn, and the town of Flat- 
lands. 

District number nine (9) shall consist of that part of the county of 
Kings comprising the eighteenth , twenty-sixth, twenty-seventh and 
twenty-eighth wards of the city of Brooklyn 

District number ten (10) shall consist of that part of the county of 
New York within and bounded by a line beginning at Canal street 
and the Hudson river, and running thence along Canal street, Hudson 
street, Dominick street, Yarick street, Broome street, Sullivan street. 
Spring street, Broadway, Canal street, the Bowery, Division street, 
Grand street and Jackson street to the East river, and thence around 
the southern end of Manhattan Island to the place of beginning, and 
also Governor’s, Bellow’s and Ellis islands. 

District number eleven (11) shall consist of that part of the county 
of New York lying north of district number ten, and within and 
bounded by a line beginning at the junction of Broadway and Canal 
street, and running thence along Broadway, Fourth street, the Bowery 
and Third avenue, St. Mark’s place, Avenue A, Seventh street, Avenue 
B, Clinton street, Rivington street, Norfolk street, Division street. 
Bowery and Canal street, to the place of beginning. 

District number twelve (12) shall consist of that part of the county 
of New York lying north of districts numbers ten and eleven, and 
within and bounded by a line beginning at Jackson street and the East 
river, and running thence through Jackson street, Grand street, Divi¬ 
sion street, Norfolk street, Rivington street, Clinton street, Avenue B, 
Seventh street. Avenue A, St. Mark’s place, Third avenue, East Four¬ 
teenth street to the East river, and along the East river to the place 
of beginning. 

District number thirteen (13) shall consist of that part of the 
county of New York lying north of district number ten, and within 
and bounded by a line beginning at the Hudson river at the foot of 
Canal street, and running thence along Canal street, Hudson street, 
Dominick street, Yarick street, Broome street, Sullivan street, Spring 
street, Broadway, Fourth street, the Bowery and Third avenue, Four¬ 
teenth street, Sixth avenue, West Fifteenth street, Seventh avenue. 
West Nineteenth street. Eighth avenue, West Twentieth street and 
the Hudson river to the place of beginning. 

District number fourteen (14) shall consist of that part of the 
county of New York lying north of districts numbers twelve and thir¬ 
teen, and within and bounded by a line beginning at East Fourteenth 
street and the East river, and running thence along East Fourteenth 


174 


Election Code. 


street, Irving place, East Nineteenth street. Third avenue, East 
Twenty-third street, Lexington avenue, East Eifty-third street, Third 
avenue, East Fifty-second street, and the East river to the place of 
beginning. 

District number fifteen (15) shall consist of that part of the county 
of New York lying north of district number thirteen, and within and 
bounded by a line beginning at the junction of West Fourteenth street 
and Sixth avenue, and running thence along Sixth avenue. West Fif¬ 
teenth street, Seventh avenue, West Fortieth street. Eighth avenue, 
and the transverse road across Central park at Ninety-seventh street, 
Fifth avenue, East Ninety-sixth street, Lexington avenue, East 
Twenty-third street, Third avenue, East Nineteenth street, Irving 
place and Fourteenth street, to the place of beginning. 

District number sixteen (16) shall consist of that part of the county 
of New York lying north of district number thirteen, and within and 
bounded by a line beginning at Seventh avenue and West Nineteenth 
street, and running thence along West Nineteenth street, Eighth 
avenue, West Twentieth street, the Hudson river, West Forty-sixth 
street, Tenth avenue, West Forty-third street, Eighth avenue, West 
Fortieth street and Seventh avenue, to the place of beginning. 

District number seventeen (17) shall consist of that part of the 
county of New York lying north of district number sixteen, and 
within and bounded by a line beginning at the junction of Eighth 
avenue and West Forty-third street, and running thence along West 
Forty-third street, Tenth avenue, West Forty-sixth street, the Hud¬ 
son river. West Eighty-ninth street, Tenth or Amsterdam avenue, 
West Eighty-sixth street, Ninth or Columbus avenue, West Eighty- 
first street and Eighth avenue, to the place of beginning. 

District number eighteen (18) shall consist of that part of the county 
of New York lying north of district number fourteen, and within and 
bounded by a line beginning at the junction of East Fifty-second 
street and the East river, and running thence along East Fifty-second 
street, Third avenue. East Fifty-third street, Lexington avenue, East 
Eighty-fourth street, Second avenue, East Eighty-third street and the 
East river, to the place of beginning; and also Blackwell's island. 

District number nineteen (19) shall consist of that part of the 
county of New York lying north of district number seventeen, and 
within and bounded by a line beginning at West Eighty-nbith street 
and the Hudson river, and running thence along the Hudson river 
and Spuyten Duyvil creek around the northern end of Manhattan 
island; thence southerly along the Harlem river to the north end of 
Fifth avenue; thence along Fifth avenue, East One Hundred and 
Twenty-ninth street, Fourth or Park avenue, East One Hundred and 


Election Code. 


175 


Tenth street, Fifth avenue, the transverse road across Central Park at 
Ninety-seventh street, Eighth avenue, West Eighty-first street, Ninth 
or Columbus avenue, West Eighty-sixth street, Tenth or Amsterdam 
avenue and West Eighty-ninth street, to the place of beginning. 

District number twenty (20) shall consist of that part of the county 
of New York lying north of districts numbers eighteen and fifteen, 
and within and bounded by a line beginning at East Eighty-third 
street and the East river, running thence through East Eighty-third 
street, Second avenue, East Eighty-fourth street, Lexington avenue, 
East Ninety-sixth street, Fifth avenue, East One Hundred and Tenth 
street, Fourth or Park avenue. East One Hundred and Nineteenth 
street to the Harlem river, and along the Harlem and East rivers to 
the place of beginning ; and also Randall’s island and Ward’s island. 

All of the above districts in the county of New York bounded upon 
or along the boundary waters of the county, shall be deemed to extend 
to the county line. 

District number twenty-one (21) shall consist of that part of the 
county of New York lying north of districts numbers nineteen and 
twenty, within and bounded by a line beginning at East One Hundred 
and Nineteenth street and the Harlem river, and running thence along 
East One Hundred and Nineteenth street, Fourth or Park avenue, 
One Hundred and Twenty ninth street, Fifth avenue and the Harlem 
river, to the place of beginning; and all that part of the county of 
New York not hereinbefore described. 

i 

District number twenty-two (22) shall consist of the county of 
Westchester. 

District number twenty-three (23) shall consist of the counties of 
Orange and Rockland. 

District number twenty-four (24) shall consist of the counties of 
Dutchess, Columbia and Putnam. 

District number twenty-five (25) shall consist of the counties of 
Ulster and Green. 

District number twenty-six (26) shall consist of the counties of 
Delaware, Chenango and Sullivan. 

District number twenty-seven (27) shall consist of the counties of 
Montgomery, Fulton, Hamilton and Schoharie. 

District number twenty-eight (28) shall consist of the counties of 
Saratoga, Schenectady and Washington. 

District number twenty-nine (29) shall consist of the county of 
Albany. 

District number thirty (30) shall consist of the county of Rens¬ 
selaer. 


170 


Election Code. 


District number thirty-one (31) shall consist of the counties of 
Clinton, Essex and Warren. 

District number thirty-two (32) shall consist of the counties of 
St. Lawrence and Franklin. 

District number thirty-three (33) shall consist of the counties of 
Otsego and Herkimer. 

District number thirty-four (34) shall consist of the county of 
Oneida. 

District number thirty-five (35) shall consist of the counties of 
Jefferson and Lewis. 

District number thirty-six (36) shall consist of the county of Onon¬ 
daga. 

District number thirty-seven (37) shall consist of the counties of 
Oswego and Madison. 

District number thirty-eight (38) shall consist of the counties of 
Broome, Cortland and Tioga. 

District number thirty-nine (39) shall consist of the counties of 
Cayuga and Seneca. 

District number forty (40) shall consist of the counties of Chemung, 
Tompkins and Schuyler. 

District number forty-one (41) shall consist of the counties of Steu¬ 
ben and Yates. 

District number forty-two (42) shall consist of the counties of On" 
tario and Wayne. 

District number forty-three (43) shall consist of that part of the 
county of Monroe comprising the towns of Brighton, Henrietta, 
Irondequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Web¬ 
ster, and the fourth, sixth, seventh, eighth, twelfth, thirteenth, four¬ 
teenth, sixteenth, seventeenth and eighteenth wards of the city of 
Rochester, as at present constituted. 

District number forty-four (44) shall consist of that part of the 
county of Monroe comprising the towns of Chili, Clarkson, Cates, 
Greece, Hamlin, Ogden, Parma, Riga, Sweden, and Wheatland, and 
the first, second, third, fifth, ninth, tenth, eleventh, fifteenth, nine¬ 
teenth and twentieth wards of the city of Rochester, as at present 
constituted. 

District number forty-five (45) shall consist of the counties of 
Niagara, Genesee and Orleans. 

District number forty-six (46) shall consist of the counties of Alle¬ 
gany, Livingston and Wyoming. 

District number forty-seven (47) shall consist of that part of the 
county of Erie comprising the first, second, third, sixth, fifteenth, 
nineteenth, twentieth, twenty-first, twenty-second, twenty-third and 


Election Code. 177 

twenty-fourth wards of the city of Buffalo, as at present consti¬ 
tuted. 

District number forty-eight (48) shall consist of that part of the 
county of Erie comprising the fourth, fifth, seventh, eighth, ninth, 
tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards 
of the city of Buffalo, as at present constituted. 

District number forty-nine (49) shall consist of that part of the 
county of Erie comprising the seventeenth, eighteenth and twenty- 
fifth wards of the city of Buffalo, as at present constituted ; and all 
the remainder of the said county of Erie not hereinbefore described. 

District number fifty (50) shall consist of the counties of Chautau¬ 
qua and Cattaraugus. 

(New.) 

Amendment of Convention of 1894, ratified by people, Nov. 6, 1894. 

§ 4. An enumeration of the inhabitants of the State shall be taken 
under the direction of the Secretary of State, during the months of 
May and. June, in the year one thousand nine hundred and five, and 
in the same months every tenth year thereafter; and the said districts 
shall be so altered by the Legislature at the first regular session after 
the return of every enumeration, that each senate district shall con¬ 
tain as nearly as may be an equal number of inhabitants, excluding 
aliens, and be in as compact form as practicable, and shall remain 
unaltered until the return of another enumeration, and shall at all 
times, consist of contiguous territory, and no county shall be divided 
in the formation of a senate district except to make two or more 
senate districts wholly in such county. No town, and no block in a 
city inclosed by streets or public ways, shall be divided in the forma¬ 
tion of senate districts; nor shall any district contain a greater excess 
in population over an adjoining district in the same county, than the 
population of a town or block therein, adjoining such district. 
Counties, towns or blocks which, from their location, maybe included 
in either of two districts, shall be so placed as to make said districts 
most nearly equal in number of inhabitants, excluding aliens. 

No county shall have four or more senators unless it shall have a 
full ratio for each senator. No county shall have more than one-third 
of all the senators; and no two counties of the territory thereof as 
now organized, which are adjoining counties, or which are separated 
only by public waters, shall have more than one-half of all the 
senators. 

The ratio for apportioning senators shall always be obtained by 
dividing the number of inhabitants, excluding aliens, by fifty, and the 
Senate shall always be composed of fifty members, except that if any 
county having three or more senators at the time of any apportion- 


178 


Election Code. 


ment shall be entitled on such ratio to an additional senator or sena¬ 
tors, such additional senator or senators shall be given to such county 
in addition to the fifty senators, and the whole number of senators 
shall be increased to that extent. 

(New.) 

Amendment of Convention of 1894, ratified, Nov. 6, 1894. 

§ 5. The members of the Assembly shall be chosen by single dis¬ 
tricts, and shall be apportioned by the Legislature at the first regular 
session after the return of every enumeration among the several coun¬ 
ties of the State, as nearly as may be according to the number of their 
respective inhabitants, excluding aliens. Every county heretofore es¬ 
tablished and separately organized, except the county of Hamilton, 
shall always be entitled to one member of assembly, and no county 
shall hereafter be erected unless its population shall entitle it to a 
member. The county of Hamilton shall elect with the county of 
Fulton, until the population of the county of Hamilton shall, accord¬ 
ing to the ratio, entitle it to a member. But the Legislature may 
abolish the said county of Hamilton and annex the territory thereof 
to some other county or counties. 

The quotent obtained by dividing the whole number of inhabitant 
of the State, excluding aliens, by the number of members of assembly, 
shall be the ratio for apportionment which shall be made as follows : 
One member of assembly shall be apportioned to every county, includ¬ 
ing Fulton and Hamilton as one county, containingless than the ratio 
and one-half over. Two members shall be apportioned to every other 
county. The remaining members of assembly shall be apportioned 
to the counties having more than two ratios according to the number 
of inhabitants, excluding aliens. Members apportioned on remainders 
shall be apportioned to the counties having the highest remainders in 
the order thereof respectively. No county shall have more members 
of assembly than a county having a greater number of inhabitants, 
excluding aliens. 

Until after the next enumeration, members of the Assembly shall 
be apportioned to the several counties as follows: Albany county, 
four members; Allegany county, one member; Broome county, two 
members; Cattaraugus county, two members; Cayuga county, two 
members; Chautauqua county, two members; Chemung county, one 
member; Chenango county, one member; Clinton countjq one mem¬ 
ber; Columbia county, one member; Cortland county, one member; 
Delaware county, one member; Dutchess county, two members; Erie 
county, eight members; Essex county, one member; Franklin county, 
one member; Fulton and Hamilton counties, one member; Genesee 
county, one member; Greene county, one member; Herkimer county 


Election Code. 


179 


one member; Jefferson county, two members; Kings county, twenty- 
one members ; Lewis county, one member; Livingston county, one 
member; Madison county, one member; Monroe county, four mem¬ 
bers ; Montgomery county, one member; New York county, thirty- 
live members; Niagara county, two members; Oneida county, three 
members; Onondaga county, four members; Ontario county, one 
member; Orange county, two members; Orleans county, one member; 
Oswego county, two members; Otsego county, one member; Put¬ 
nam county, one member; Queens county, three members; Rensse¬ 
laer county, three members; Richmond county, one member; Rockland 
county, one member; St. Lawrence county, two members; Saratoga 
county, one member; Schenectady county, one member; Schoharie 
county, one member; Schuyler county, one member; Seneca county, 
one member ; Steuben county, two members; Suffolk county, two 
members; Sullivan county, one member; Tioga county, one member; 
Tompkins county, one member; Ulster county, two members; War¬ 
ren county, one member; Washington county, one member; West¬ 
chester county, three members ; Wyoming county, one member, and 
Yates county, one member. 

In any county entitled to more than one member, the board of 
supervisors, and in any city embracing an entire county and having 
no board of supervisors, the common council, or if there be none, the 
body exercising the powers of a common council, shall assemble on 
the second Tuesday in June, one thousand eight hundred and ninety- 
five, and at such times as the Legislature making an apportionment 
shall prescribe, and divide such counties into assembly districts as 
nearly equal in number of inhabitants, excluding aliens, as may be, 
of convenient and contiguous territory in as compact form as practica¬ 
ble, each of which shall be wholly within a senate district formed 
under the same apportionment, equal to the number of members of 
assembly to which such county shall be entitled, and shall cause to be 
filed in the office of the Secretary of State and of the clerk of such 
county, a description of such districts, specifying the number of each 
district and of the inhabitants thereof, excluding aliens, according to 
the last preceding enumeration; and such apportionment and districts 
shall remain unaltered until another enumeration shall be made, as 
herein provided ; but said division of the city of Brooklyn and the 
county of Kings to be made on the second Tuesday of June, one thou¬ 
sand eight hundred and ninety-five, shall be made by the common 
council of said city and the board of supervisors of said county, as¬ 
sembled in joint session. In counties having more than one senate 
district, the same number of assembly districts shal»l be put in each 
senate district, unless the assembly districts cannot be evenly divided 


180 


Election Code. 


among the senate districts of any county, in which case one more as¬ 
sembly district shall be put in the senate district in such county 
having the largest, or one less assembly district shall be put in the 
senate district in such county having the smallest number of inhabi¬ 
tants, excluding aliens, as the case may require. No town, and no 
block in a ity inclosed by streets or public ways, shall be divided in 
the formation of assembly districts, nor shall any district contain a 
greater excess in population over an adjoining district in the same 
senate district, than the population of a town or block therein adjoin¬ 
ing such assembly district. Towns or blocks which, from their loca¬ 
tion, may be included in either of two districts, shall be so placed as 
to make said districts most nearly equal in number of inhabitants, ex¬ 
cluding aliens; but in the division of cities under the first apportion¬ 
ment, regard shall be had to the number of inhabitants, excluding 
aliens, of the election districts according to the State enumeration of 
one thousand eight hundred and ninety-two, so far as may be, instead 
of blocks. Nothing in this section shall prevent the division, at any 
time, of counties and towns, and the erection of new towns by the 
Legislature. 

An apportionment by the Legislature, or other body, shall be subject 
to review by the Supreme Court, at the suit of any citizen, under such 
reasonable regulations as the Legislature may prescribe; and any court 
before which a cause may be pending involving an appointment, shall 
give precedence thereto over all other causes and proceedings, and if 
said court be not in session it shall convene promptly for the disposi¬ 
tion of the same. 

The domicile or home, requisite as a qualification for voting purposes, means 
a residence which the voter voluntarily chooses and has the right to take as 
such, and which he is at liberty to leave, as interest or caprice may dictate, 
but without any present intention to change it. People v. Cady, 143 N. Y. 
100. “The Tombs ” is a place of confinement for all except the keeper and his 
family, and a person cannot, under the guise of a commitment or even with¬ 
out any commitment, go there as a prisoner, having a right to be there only 
as a prisoner, and gain a residence there. Id. 

The apportionment of a county into assembly districts should be based upon 
the citizen, and exclude the alien, population. Matter of Whitney, 142 N. Y. 
531; affirming 75 Hun, 581. The fact that in making such apportionment, it 
was not based upon the citizen population, but aliens were included, does not 
necessarily require that the apportionment should be set aside for that error. 
Id. The court will not presume a material disproportion in the distribution 
of aliens throughout the country. Id. And where no appreciable harm has 
resulted from the error, the apportionment will stand. Id. 

A reasonable discretion is left with the board of supervisors in dividing a 
county into districts for the election of members of assembly. Matter of Baird, 
142 N. Y. 523; affirming 75 Hun, 545. Under the constitutional limitations, 
forbidding the division of towns in making such an apportionment and requir¬ 
ing each district to be of convenient and contiguous territory, absolute equal¬ 
ity of population in the districts is not possible. Id. In such case, a slight 
variation will not warrant or justify an application to the courts for redress. 
Id. To authorize such application, there must be a grave, palpable and 
unreasonable deviation, so that when the facts are presented, argument will 
not be necessary to show that such a deviation has been intentionally made. 
Id. The Constitution does not require the districts to be made up of compact 
territory, and the fact that districts in a city are irregular in form does not 
establish any actual inconvenience. Id. The constitutional prohibition 


Election Code. 


181 


against the division of towns in making apportionment does nor apply to 
wards of a city. Id. A ward, though treated as a town for some purposes of 
municipal government, is not a town within the meaning of said prohibition 
and, therefore, a ward maybe divided. Id. In the case cited, ic was held 
that the deviations were not so great as to justify the interference of the 
courts; that the apportionment did not, upon the face of the record, indicate 
such a manifest abuse of discretion as to amount to an evasion of the law. Id. 
It is not the function of the court of appeals to revise official action involving 
the exercise of discretion. Id. 

Under section 5, article 3, of the Revised Constitution, the requirement for 
equality in number of inhabitants is mandatory, and paramount to that of 
convenience in arrangement, so that the division of a county in the assembly 
districts will be set aside, where the board, in making it, sacrifices the require¬ 
ment of equality in numbers to that of convenience. Matter of Smith (Sup. 
Ct. 3D., 1895), 90 Hun, 568. 

The fundamental idea of all laws, in relation to the apportionment of elec¬ 
tion districts in this State, is the equality of representation. Matter 
of Smith (Sup. Ct. 3 D., 1895), 90 Hun, 568. The Constitution of the 
State of New York, 1895, shows an evident intention to reduce to a minimum 
the discretion vested in the legislature and in boards of supervisors in appor¬ 
tioning senators and members of assembly. Id. The main purpose of the 
provision of said Constitution, relative to apportionment, is to divide the peo¬ 
ple equally among the senate and assembly districts, and the only limitation 
upon the complete fulfillment of that principle is the provision which prohibits 
the division of counties, towns and blocks. Id. The Constitution, in order 
to stop the abuse of having districts irregular in form, has required that they 
be “of convenient and contiguous territory, in such compact form as prac¬ 
ticable;” and in order to minimize any inequality of representation in the 
number of inhabitants in each district, and in order to reduce the discretion 
of those making the apportionment to a minimum, the Constitution has pro¬ 
vided that “ towns or blocks, which from their limitation may be included in 
either of two districts, shall be so placed as to make said districts most nearly 
equal in number of inhabitants.” Id. The word “ shall” is here used in the 
sense of “must,” and this direction is mandatory. Id. In the case last cited, 
the action of the board of supervisors of St. Lawrence county in placing the 
town of Hermon in the second assembly district of that county, and the town 
of Madrid in the first assembly district of that county, both towns being sus¬ 
ceptible of being placed in either assembly district, was held to be erroneous 
in view of the fact that, had the disposition made of these towns been reversed, 
the number of voters in each assembly district, after excluding aliens, would 
have been more nearly equal. It was held to be immaterial that the division 
actually made was the most convenient for the purposes of the inhabitants 
of the towns of Hermon and Madrid. 

The Constitution of 1895, in making apportionments sunject to review by 
the Supreme Court, at the instance of any citizen, has made a radical change 
in the question of power which courts formerly had over matters of appor¬ 
tionment. Matter of Smith (Sup. Ct., 3 D., 18S5), 90 Hun, 568. Under the old 
Constitution, the court had power to direct a body to proceed anew, without 
any power to indicate what its actions would be. Id. But, under the Consti¬ 
tution of 1895, it seems that the court has power either to correct errors in an 
apportionment, or to send the proceeding back to the body whose proceedings 
are being reviewed, in order that it may correct them. Id. The procedure 
in the Supreme Court to review an apportionment of assemblymen is gov¬ 
erned by usage adopted by courts in similar cases as there are no statutory 
regulations on the subject. Id. 

Where the board, to which the duty of making an apportionment of ass mbly 
districts is delegated, has proceeded in violation of the Constitution, it is the 
duty of the court, on the application of any citizen, to set aside the apportion¬ 
ment so made, and direct the board to reconvene and make an apportionment 
in accordance with the requirements of the Constitution. People ex rel. 
Gleason v. Board of Aldermen of New York City (Sup. e t. Circ. 1895), 14 Misc. 
105. The apportionment of the thirteenth senate district into assembly dis¬ 
tricts by the board of aldermen of the city of New York was held to be viola¬ 
tive of the Constitution, inasmuch as the said districts were not made as 
nearly equal in the number of inhabitants, excluding aliens, as may be. Id. 


182 


Election Code. 


Sec. 42, ch. 456, of 1893. Act to amend 

Town Law. 


Towns 
may au¬ 
thorize 
use, etc., of 
sabinets. 


Ballot. 


tegula- 
ions for 
he use of 
abinets. 


scertain- 
lent of 
jsults. 


Section 1 . Any town may, by a majority vote of the town board, 
at a meeting thereof, held not less than ten days before the time the 
annual town meeting thereof is to be held, determine upon, purchase 
and order the use of one or more of Myers’ automatic ballot-cabinets 
at elections of town officers in said town. Until otherwise determined 
by said town board, said Myers’ automatic ballot-cabinets shall be used 
for the purpose of voting for the officers to be elected at such elections, 
and for registering and counting the ballots cast thereat. 

The ballot by which the elector chooses or votes in said Myers’ 
automatic ballot-cabinet shall be in secret, and shall be a cardboard or 
paper ticket, which shall contain written or printed, or partly written 
or printed, the names of the persons for whom the elector intends to 
vote, and shall designate the office to which each person so named is 
intended by him to be voted for, and shall not contain any other 
printed or written device or distinguishing mark, except a heading or 
caption of its political or party designation, of not exceeding five 
words, and may be of different colors and contain index hands point¬ 
ing toward the knobs by which the elector counts and registers his 
ballot. The town board may make regulations for the use of such 
ballot-cabinets, but such regulations shall require all actions and 
proceedings of the election officers to be in public and in the presence 
of watchers who may be appointed by the different political parties or 
candidate thereof, and shall not be inconsistent with law further than 
may be necessary by reason of the use of such ballot-cabinets for the 
purpose of holding elections, counting and canvassing the ballot 
thereof. 

At the close of the polls at such election at which such ballot- 
cabinet shall be used, the canvassers shall proceed to ascertain pub¬ 
licly, the total number of ballots cast for each candidate for each 
office, as registered and declared by such ballot-cabinet register, and 
such ascertainment of the results shall be deemed to be the canvassing 
of the votes cast at such election. 



Election Code. 


183 


INSPECTORS OF ELECTION IN LANSINGBURGH. 


Section 15 of chapter 66 of 1804 relates to the appointment of 
inspectors of election for the village of Lansingburgh, and reads 
as follows: 

§ 15. Before the charter election in the said village, to be held 
on the first Tuesday in March, eighteen hundred and ninety-four, 
and before the charter election in said village in each year there¬ 
after, it shall be the duty of the board of trustees of the said 
village to divide each of the four wards in the said village into 
two election districts, which shall contain as nearly as may be 
the same number of voters; and to designate the polling places 
in the said election districts. The board of trustees shall appoint 
before the first Tuesday in March, eighteen hundred and ninety- 
four, and before the charter election in said village in each year 
thereafter, four inspectors of election to serve at the charter 
election then next following in said village. Not more than two 
of the said inspectors of election in each election district shall 
be members of the same political party. The said inspectors of 
election shall be men of good character and residents of the elec¬ 
tion districts in which they shall perform the duties of inspec¬ 
tors of election and shall be competent to cast accounts and to 
read and write the English language understanding^, and they 
shall designate one of their number to act as ballot clerk. Said 
inspectors shall be selected from the two political parties 
casting the greatest number of votes in the town 
of Lansingburgh at the last general election held therein, and 
shall be chosen from a list of qualified electors submitted to the 
said trustees by the presiding officers of the two prin¬ 
cipal political organization of said town. Said lists so 
presented for appointment as inspectors to the board of trus¬ 
tees shall contain the names of not less than ten persons 
from each election district in said village. In case of 
the failure of such political organizations to furnish 



1S4 


Election Code. 


such, lists as aforesaid; the board of trustees shall 
have power and it shall be their duty to appoint 
such inspectors from persons known to them to be of the 
political party or parties failing to present such list or lists. 
It shall also be the duty of the board of trustees to appoint two 
poll clerks in each election district who shall be members of 
different political parties. The inspectors of election and poll 
clerks shall, before entering upon the discharge of their duties, 
qualify themselves for the said offices by taking the oath of office 
required by law to be taken by inspectors of election and poll 
clerks, and shall select by lot or agreement from the inspectors 
representing the political party casting the largest vote at the 
last general election in said town, a chairman for said board, and 
the said inspectors of election shall open the polls in the said 
village at sunrise and receive the ballot of all qualified elec¬ 
tors, and deposit them in the ballot boxes, and close the 
polls of the said election at four o’clock in the afternoon. 
On the closing of the polls, the inspectors of election shall open 
the ballot boxes and count and compare with the poll-lists the 
number of ballots, as required by law, and shall then, in the 
planner provided by law, proceed to canvass the votes cast and 
ascertain the result of the said canvass, which they shall declare, 
and make due returns thereof, and they shall not leave the 
polling place until they have publicly declared the result and 
made and signed the returns. They shall immediately proceed 
with said returns to the office of the clerk of said village, 
whose duty it shall be to be in his office in the said village, 
at that time, and to receive and record the same. The board 
of trustees of said village shall, within forty-eight hours after 
the close of the polls, meet and proceed toi canvass said returns, 
and shall make a certificate stating the results of the said canvass 
and declaring what persons have been elected, and shall cause 
the said certificate to be recorded in the book of minutes of 
the proceedings of the said trustees. It shall then be the duty of 
the said clerk to notify immediately in writing each of the 
said persons of his election. 


Election Code. 


185 


INSPECTORS OF ELECTION IN THE CITY OF 

ROCHESTER. 


Sections 14, 15, 16 and IT of chapter 14 of 1880, as amended by 
chapter 28 of 1894, relate to the appointment and duties of inspec¬ 
tors of election in the city of Rochester, and read as follows: 

§14. Inspectors of election. —Three inspectors of election 
for each ward or election district in said city shall be elected at 
each annual charter election. The electors of each election district 
in said city shall be entitled to vote by ballot on the same ticket 
with other charter officers, for two electors residing in such 
election district to be inspectors of election for said district, and 
the two persons in each district receiving the greatest number 
of votes shall be two of the inspectors of election for such dis¬ 
trict at all elections to be held therein during the ensuing year. 
The board of inspectors of election in each of said election districts 
shall, immediately after the votes of such charter election shall be 
canvassed, appoint in writing, subscribed by a majority of said 
board, another inspector of election for each election district, to be as¬ 
sociated with said two inspectors so elected, and who shall thereupon 
be one of the inspectors of election of such district. Such inspector 
shall be selected from the two persons in such election district 
who shall have the highest number of votes next to the two inspec¬ 
tors so elected. And no ballot for inspector shall be counted upon 
which more than two names shall appear. Not more than two in¬ 
spectors for one district shall belong to the same political party. 
The poll clerks and ballot clerks in each election district shall be 
appointed by the inspectors of election as provided for in the new 
election code, and the several amendments thereto, the provisions of 
which are hereby declared to be applicable to said city. 

§ 15. Vacancies in office of inspectors of election. — In 
case any such inspector of election in said city shall not be chosen 
or appointed as provided for in the preceding section, or in case 
of the death, inability or refusal of any such inspectors to act 
or of his ceasing to be a resident of the election district for which 
he was appointed or elected, the common council must thereafter 
appoint another in his or their place by viva voce vote, and the per- 



186 


Election - Code. 


son or persons thus appointed shall be inspector or inspectors of the 
election district for which he or they was or were so appointed. 

§ 16. General election law applicable. — The conduct of elec¬ 
tions, the duties of inspectors of elections, poll clerks and ballot 
clerks in and of said city shall be the same as provided tor by 
the election code of the state of New York and the several amend¬ 
ments thereto, the provisions of which in respect thereto are hereby 
declared applicable to said city. 

§ IT. Ballots and ballot-boxes. — The ballots and ballot-boxes 

to be used at the charter elections of said city shall be the same as 
provided for by the election code of the state of New York and the 
amendments thereto, the provisions of which in respect thereto, 
are hereby declared to be applicable to said city. The common 
council shall provide such ballot-boxes for each ward or election 
district, with locks and keys, as are required by the provisions of 
the election code and the amendments thereto. 


GENERAL ELECTION LAW IS APPLICABLE TO 
CORPORATION ELECTIONS IN THE VILLAGE 
OF CANANDAIGUA. 


But the board of trustees of said village are hereby authorized and 
empowered to determine upon, purchase, and order the use of the 
requisite number of Myers 1 automatic ballot cabinets at elections of 
village officers in said village, as boards of town officers are now 
authorized and empowered to determine upon, purchase, and order 
the use of the same, under the provisions of chapter one hundred 
and twenty-seven of the laws of eighteen hundred and ninety-two, 
and in such case, the provisions of said act are hereby made applicable 
to elections of village officers in said village. [Part of § 5 of chap. 
666 of 1893, as am’d by chap. 131 of 1894.] 




Election Code. 


186 a 


Chap. 927 of 1895. 

AN ACT concerning naturalization and regulating the procedure in 
cases of naturalization in courts of this stata 

Became a law June 5, 1895, with the approval of the Governor. Passed, three- 

fifths being present. 

The People of the State of New York , represented in Senate and As 
sembly , do enact as follows: 

Section 1. The supreme court in the respective judicial districts 
and the county courts in the respective counties of this state shall 
have jurisdiction of declarations of intention, and of applications of 
aliens to become citizens of the United States; no other court or 
courts now or hereafter established by this state shall entertain a 
primary or final declaration or application made by or on behalf of 
an alien to be admitted to become a citizen of the United States, or 
have or entertain jurisdiction of the naturalization of an alien; nor 
shall any clerk of any such court or courts receive any such declara¬ 
tion, application or papers. 

§ 2. Primary declarations of intention of aliens to become citizens 
of the United States may be recorded and filed in the supreme court 
in the respective judicial districts and the county courts in the re¬ 
spective counties of this state at any time, and the requisite and pre¬ 
scribed oath administered by the clerk of the court at the time of 
such recording and filing; a complete record of each and every of 
the said declarations shall be entered in the proper docket of the 
court by the clerk thereof, which said record the alien shall sub¬ 
scribe, or cause to be subscribed, and he shall also add, or cause to 
be added, in writing, the street and number of the house in which he 
resides, and the name of the city, town, village or other place where 
such residence is situated; provided, that where the street and num¬ 
ber, as required by the provisions of this section of this act, cannot 
be given, the place of residence shall be described with sufficient ac¬ 
curacy for identification. 

§ 3. Final applications of aliens to be admitted to become citizens 
of the United States, made in any of the courts of this state in which, 
by the provisions of this act, such applications may be made, may be 
filed in term time or during vacation; but final action thereon shall 
be had only on stated days, to be fixed by rule of the respective 
courts; every application shall be entered on the docket of the court 
on the day on which the application shall be made; such application 


186 b 


Election Code. 


shall be in the form of a petition, subscribed and verified by 
the oath of the applicant, and shall be filed in the court to which it 
is presented at least fourteen days before final action thereon shall be 
had; the petition herein provided for shall state the place and coun¬ 
try of the birth of the petitioner and the time and place of his arrival 
in the United States, the grounds on which he claims the right to be 
naturalized, and shall set forth his name in full, his age and occupa¬ 
tion, the name of the street and the number of the house in which he 
resides, and the name of the city, town, village or other place in 
which such residence is situated, and the name .of the person or the 
names of the persons whom the said applicant intends to summon as 
witnesses at the final hearing upon his said application, together with 
the street and number of the residence or residences of such wit¬ 
nesses ; simultaneously with the presentation and filing of the peti¬ 
tion herein prescribed and provided for, there shall also be filed an 
affidavit of a person, who must be a citizen of the United States, and 
who may or may not be a person whom the petitioner intends to 
summon as a witness at the final hearing upon his application to be 
admitted to become a citizen of the United States, which said affida¬ 
vit shall set forth the full name, residence and occupation of the 
affiant, and that the affiant is a citizen of the United States and is 
personally well acquainted with the petitioner, and that the said peti¬ 
tioner will have resided for five years within the United States, and 
one year within the state of New York, immediately preceding the 
return day of the petition, and that during that time the said peti¬ 
tioner has behaved as a man of good moral character, attached to the 
principles of the constitution of the United States, and well disposed 
to the good order and happiness of the same, provided that in appli¬ 
cations made pursuant to sections two thousand one hundred and 
sixty-six and two thousand one hundred and seventy-four of the 
Revised Statutes of the United States, it shall be sufficient for the 
affiant to swear to the length of residence or service required by said 
sections respectively, and in applications made pursuant to section 
two thousand one hundred and sixty-seven of the Revised Statutes of 
the United States, and any amendments thereof, the affiant shall also 
declare his belief, with the grounds therefor, that for the portion of 
the two years next preceding the return day of the said petition that 
has elapsed at the time of its presentation, it has been bona fide the 
intention of the petitioner to become a citizen of the United States; 
provided, that in applications where the street number, as required 
by the provisions of this section of this act, cannot be given, the 


Election Code. 


I860 


place or places of residence shall be described with sufficient accu¬ 
racy for identification; and provided further, that none of the pro¬ 
visions and requirements of this act shall be deemed to dispense 
with, nor shall they or any of them dispense with, the evidence and 
proofs, or other requirements provided for and required in cases of 
naturalization under, in accordance with, and by virtue of the pro¬ 
visions of the Revised Statutes of the United States and the laws of 
congress. 

§ 4. Every person who may or shall hereafter make application in 
any of the courts of this state, in which by the provisions of this act 
such applications may be made, to be admitted to become a citizen 
of the United States, shall give notice in writing of his application 

to the clerk of the city, town, village or other place where he resides, 
or, if there be no clerk, then to the officer or person performing 
similar duties in such place of his residence, at least fourteen days 
before the final hearing upon his application, as aforesaid, which said 
notice shall contain his full name, age, occupation, residence and the 
name of the court in which his said petition has been filed and is 
pending; it shall be the duty of such clerk, or other officer or person, 
to make and preserve a complete record of all such notices in a form 
convenient for public inspection, and to give each applicant who has 
given such notice a certificate that the provisions of this section of 
this act have been complied with, and this certificate shall be filed by 
the said petitioner in the court in which his said petition is filed and 
pending determination before final action thereon shall be taken by 
the court. 

§ 5. The clerk, or other officer or person performing similar duties, 
of the city, town, village or other place of the applicant’s residence, 
shall, within seven days from the receipt of the notice prescribed in 
the preceding section, post in at least two public places in such city, 
town, village or other place, the date of the receipt of the notice, the 
name of the applicant, his age, occupation, residence and court in 
which his petition is pending, on lists with blank forms containing 
the following headings: 


Date of receipt 
of notice. 


Name. 


Age. 


Occupation. 


Residence. 


Court in which petition 
is pending. 





















186d 


Election Code. 


§ 6. A record of every final application to be admitted to become 
a citizen of the United States shall be kept by the clerk of the court 
in which such application shall be made, and shall be open to the 
inspection of the public, at reasonable times and upon proper de¬ 
mand ; such record shall contain the names of all applicants, arranged 
alphabetically according to their surnames, and also the residences of 
the said applicants; it shall further state the nationality of each ap- 
plicant and the form and nature of the application whether based 
upon a preliminary declaration of intention or upon a petition 
founded upon and made in accordance with the provisions and re¬ 
quirements of section two thousand one hundred and sixty-seven of 
the revised statutes of the United States, and any amendments 
thereof, or otherwise; and it shall further state the name of the wit¬ 
ness, or the names of the witnesses, summoned by the said applicant 
and appearing upon his final application to be admitted to become a 
citizen of the United States, with the residence or residences of such 
w'itness or witnesses; a return shall be made annually by the several 
clerks, on or before the first day of February of each year, to the 
secretary of state, of the full name and residence of each and every 
person so naturalized and admitted to become a citizen of the United 
States during the year prior to the first day of the preceding January, 
together with the date of such naturalization and admission to citi¬ 
zenship ; and the returns so made shall be filed and kept by the sec¬ 
retary of state in a form convenient for reference. Copies of such 
returns, certified by the secretary of state under his official seal, shall 
be prima facie evidence of the facts therein stated. 

§ 7. The fees of the clerk or other officers or persons of cities, 
towns, villages or other places for the recording of the notice and the 
issuing of the certificate provided for under the provisions of the 
fourth and fifth sections of this act, shall be the sum of fifty cents 
for each application. 

§ 8. Any clerk or other person who records or files any declara¬ 
tion or application in any case of naturalization, or issues any certifi¬ 
cate in any case of naturalization, in violation of the provisions of 
this act, or any of them, shall be punished by a fine of one hundred 
dollars. 

§ 9. No political committee or committee of any political party, 
and no person who has received or accepted a nomination for any 
political office, shall make any payment or promise of payment of 
money to or on behalf of any person for fees for the primary or final 
declaration or application for naturalization, or for services as attor¬ 
ney or counsel, or as agent or otherwise in assisting or enabling any 
person or persons to make such declaration or application ; whoever 
violates any of the provisions of this section of this act shall be pun¬ 
ished upon conviction thereof, by a fine of not less than five hundred 
dollars nor more than.one thousand dollars. 

§ 10. All acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

§ 11. This act shall take effect immediately. 


Election Code. 


1ST 


CHAP. 127. 

AN ACT to amend chapter live hundred and fifty-five of the laws 
of eighteen hundred and sixty-four, entitled “ An act to revise 
and consolidate the general acts relating to public instruction,” 
and the several acts amendatory thereof and supplementary 
thereto, relating to the time and place of holding the annual 
meetings and elections in the school districts of the state. 

Became a law March 13, 1894, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York, represented in Senate 
and Assembly , do enact as folloios: 

Section 1. Section eight of title seven of chapter five hundred 
and fifty-four of the laws of eighteen hundred and sixty-four, as 
amended by chapter two hundred and forty-five of the laws of 
eighteen hundred and eighty-nine, and chapter five hundred of the 
laws of eighteen hundred and ninety-three, is hereby further 
amended so as to read as follows: 

§ 8. The annual meeting of each neighborhood shall be held on 
the first Tuesday of August in each year, at the hour and place fixed 
by the last previous neighborhood meeting; or, if such hour and 
place have not been so fixed, then the same shall be held in the 
school-house at seven thirty o’clock in the evening. If a neighbor¬ 
hood possesses more than one school-house, it shall be held in the 
one usually used for that purpose, unless the trustees designate in 
the notice another. If there is no school building, or if the school- 
house shall be no longer accessible, then at such other place as the 
trustees, or, if there be no trustees, the clerk, shall, in the notice, 
designate. 


188 


Election Code. 


§ 2. Section nine of title seven of chapter five hundred and fifty, 
five of the laws of eighteen hundred and sixty-four, as amended by 
chapter two hundred and forty-five of the laws of eighteen hundred 
and eighty-nine, and chapter five hundred of the laws of eighteen 
hundred and ninety-three, is hereby amended so as to read as 
follows: 

§ 9. The annual meeting of each school district shall be held the 
first Tuesday of August in each year, and unless the hour and place 
thereof shall have been fixed by a vote of a previous district meet¬ 
ing, the same shall be held in the school-house at seven thirty o’clock 
in the evening. If a district possesses more than one school-house.^ 
it shall be held in the one usually employed for that purpose, unless 
the trustees designate another. If the district possesses no school- 
house, or if the school-house shall be no longer accessible, then the 
annual meeting shall be held at such place as the trustees, or, if 
there be no trustee, the clerk, shall designate in the notice. 

§ 3. This act shall take effect immediately. 


Section 9, chapter 356 of 1894, provided for the division of the 
town of Flatbush, annexed to the city of Brooklyn, into election 
districts, and reads as follows: 

§ 9. Immediately after the passage of this act the board of elec¬ 
tions of the city of Brooklyn shall proceed and divide the territory 
hereby annexed into convenient election districts for the holding of 
general and special elections in the manner provided for dividing 
said city into election districts, and the districts so fixed shall be the 
districts for the purpose aforesaid until said city is again divided into 
election districts as by law provided. 

Section 7 of chapter 450 of 1894, provided for the division of the 
town of Flatlands, annexed to the city of Brooklyn, into election 
districts, and reads as follows: 

§ 7. Immediately after the passage of this act the board of elec¬ 
tions of the city of Brooklyn shall proceed and divide the territory 
hereby annexed into convenient election districts for the holding of 
general and special elections in the manner provided for dividing 
said city into election districts, and the districts so fixed shall be the 
districts for the purposes aforesaid until said city is again divided 
into election districts as by law provided. 

Section 8, chapter 451 of 1894, provided for the division of the 
town of New Utrecht, annexed to the city of Brooklyn, into elec¬ 
tion districts, and reads as follows: 

§ 8. Immediately after this act shall take effect, the board of elec¬ 
tions of the city of Brooklyn shall proceed and divide the territory 
hereby annexed into convenient election districts for the holding of 
general and special elections in the manner provided for dividing 
said city into election districts, and the districts so fixed shall be the 
districts for the purposes aforesaid until said city is again divided 
into election districts as by law provided. 




Election Code. 


189 


Myers’ Automatic Ballot Machine. 


Chap. 764. 

AN ACT to enable tlie towns and cities of this state to use the 
Myers automatic ballot machine at all elections therein. 

Became a law May 11, 1896, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York , represented in Senate 
a/nd Assembly , do enact as follows : 

Section 1. The common council of any city and the town board 
of any town within this state may adopt the Myers automatic 
ballot machine for use at all elections, and thereupon it shall be 
lawful to use such ballot machines for the purpose of voting’ for 
all public officers to be voted for by the voters of such town or 
city, or any part thereof, and upon-all constitutional amendments 
or propositions, or questions which may lawfully be submitted to 
such voters, and for registering and counting the ballots at such 
elections. 

Am’d by chap. 168 of 1896. In effect March 30, 1896. 

§ 2. Definitions.— The following terms as used within this 
act shall be construed to mean as follows: 

Cabinet. — The Myers automatic ballot machine as a whole. 

Voters’ compartment. — That part of the ballot machine occu¬ 
pied by the voter in voting. 

Counted* compartment. — The closed portion of the ballot 
machine containing the automatic mechanical counters. 

Counters. — The registering dials in the counter compartment. 

Public counter. — The exposed dial at the front of the ballot 
machine which registers the total number of electors voting. 

Partition plate. — The metal partition dividing the voter’s com¬ 
partment from the counter compartment. 


* So in the original 






190 


Election Code. 


Push knobs.—The knobs projecting from the partition plate 
into the voters’ compartment and by which the elector registers 
his vote. 

Keyboard.—The face of the partition plate within the voters’ 

compartment. 

Ballot frames.—The metallic frames within which the ballots 
are secured upon the keyboard. 

Ballots.—The tabulated lists of offices and nominees respec¬ 
tively, therefor, or succinct statements of the constitutional 
amendments or other questions or propositions submitted, arranged 
vertically in pairs, successively captioned “ for ” and “ against,” 
printed on cardboard or heavy paper and of dimensions, colors and 
type as herein specified to be placed within the ballot frames, 
posted at the polls and given to the inspectors as in this act 
prescribed. 

Ballot captions.— The headings upon which are printed the 
name or other appropriate designation of the party or other 
nominees, constitutional amendments, questions or propositions 
submitted to be placed in a frame provided therefor, upon the 
key-board above each vertical column of nominees, constitutional 
amendments, questions or propositions, and to correspond there¬ 
with in material and color. 

Diagram poster.—A complete set of ballots and ballot captions 
forming a fac-simile of those upon the key-board and to be posted 
at the polls. 

Counter labels.—The cards or labels placed in receptacles upon 
the face of the respective counters attached to the back of the 
partition plate within the counter compartment, having printed 
thereon the name of the nominee, or a statement of the amend¬ 
ment, question or proposition submitted, successively, following 
the words “ for ” and “ against ” placed directly opposite the cor¬ 
responding name, amendment, question or proposition as it 
appears upon the faee of the partition plate, wfithin the voters’ 
compartment and being of the same material and color as its 
said opposite. 

Instruction cards.—The directions as to method and manner of 
voting and statement of the penal provisions relating to the 
election code, and to be posted at the polls. 

The word nominee, is to be construed to mean, any persons for 
whom an elector may vote, at the election. 




Election Code. 


L91 


Town.— The word “ town ” as herein used shall be construed to 
mean such town as shall have adopted the Myers’ ballot machine 
as prescribed in section one. ' 

City.—The word “city” as herein used shall be construed in 
mean such city as shall have adopted the said ballot machine as 
prescribed in section one. 

§ 3. Provisions for equipment of polling places. — The town 
board of each town and the common council of each city shall 
provide for each election necessary polling places, and shall pro¬ 
vide for each polling place, at each election, the necessary ballot 
machines in complete working order, with ballots, ballot cap¬ 
tions and counter labels in their proper places therein, and with 
the dials of the labeled counters set at nine, guard rails, inspect¬ 
ors’ table, and other furniture and equipment of such polling 
place necessary for the lawful conduct of the election thereat, 
put the inspectors of election in possession thereof and deliver to 
them the keys of the ballot machine therein, at least forty min¬ 
utes before the opening of the polls for holding an election. The 
town board of each town and the common council of each city 
shall care for the ballot machine, furniture and equipment of 
each polling place when not in use in elections. 

Am’d by chap. 163 of 1896. In effect March 30, 1896. 

§ 4. Arrangement of the polling place.—The ballot machinesat 
each polling place shall be so placed as to be at least three feet 
from the wall of the room and at least three feet from the outer 
guard-rail. There shall be two guard-rails, called the outer and 
inner rails. The outer rail shall be so placed as to bar 
access to within three feet or more of the ballot machine, with 
openings or gateways therein leading to and from the inspectors’ 
table, which shall be at least four feet from the ballot machinea 
The inner guard-rail shall extend to a point at or near the inspec¬ 
tors’ table from a fixture on the ballot-machine placed between 
the entrance and exit doors. Such other guard-rails may be 
used as shall seem necessary or convenient. The ballot-machine 
and every part of the polling place, except the interior of the 
ballot-machine, shall be in plain view of the election officers and 
persons just outside the guard-rails. 

§ 5. Providing ballots.—The county clerk of the county shall 
provide, at the county’s expense, the requisite number of ballots, 
ballot captions, counter labels and instruction cards for each polling 
place in such town and city for each election to be held thereat, ex¬ 
cept town meetings and city and village elections and elections of 
school officers not held at the same time as the geneial election. If 
a city or village election or a town meeting foi the election of public 


192 


Election Code. 


officers shall be held upon a different day from a general election, 
the clerk of such city, village or town shall provide, at the expense 

r • 

of such city, village or town, the requisite number of ballots, ballot 
captions, counter labels and instruction cards for each polling place. 
The ballots, ballot captions, counter labels and instruction cards shall 
be printed and in possession of the clerk charged with providing 
them and open to the public inspection four days before the election, 
except those for a village election or a town meeting held at a differ¬ 
ent day from the general election shall be so printed, in possession 
and open to public inspection two days before such village election 

or town meeting. 

Am’d, ch. 340 of 1898. 

§ 6. Description of ballot captions, ballots, counter labels, and 
instruction cards. — Ballot captions shall be of cardboard or 
heavy paper, four inches long by three and three-fourths inches 
wide and shall have printed thereon, in plain clear type as large 
as the space will reasonably permit, the party or other appropriate 
designation of the nominees, amendments, questions or other 
propositions submitted. Ballots shall be of as many kinds as 
there are political parties or titles represented by certificates of 
nominations duly filed, or constitutional amendments, questions 
or other propositions submitted, and shall be cf cardboard or 
heavy paper, three and five-eighths inches wide, spaced by cross 
lines one and eleven-sixteenths inches apart, between centers of 
lines, except the upper one should be thus spaced, four inches from 
the top and upon the ballot shall be printed in plain, clear type, 
not smaller than pica, the name of the office and under it the 
name of the candidate or nominee therefor in plain, clear type, 
known as great primer ionic, as large as the width of the ballot 
will permit, or a plain, concise statement of the amendment, 
question or proposition submitted under successive captions 
“for” and “against,” with or without an index hand pointing 
(v r hen placed in the ballot-frame) to the push knob used when 
voting by that ballot. Counter labels shall be of cardboard, or 
heavy paper, three-eighths of an inch wide by three 
inches long, upon which shall be printed the name or other suit¬ 
able designation of the nominee, amendment, question or other 
proposition submitted. Should any party fail to make a. nomination 
for an office, the ballot in that party’s column upon the key -board 


Election Code. 


193 


on the horizontal line devoted to that office, shall be left blank 
and its push-knob to the right and opposite thereto shall be capped 
so as to be inoperative. Should two or more parties nominate the 
same person for the same office, his name shall be printed upon 
the ballot of the party which shall first nominate him, provided 
such nominee within two days after his second nomination, may 
by a written instrument acknowledged as deeds are required to 
be acknowledged for record, and filed with the county clerk of 
the county, designate which one of such political parties in whose 
■column he desires his name to appear, and the county clerk shall 
prepare his ballot for that party, and the ballots of the other 
party or parties wffiich shall have nominated lorn, shall be left 
blank for that office, and the corresponding push-knob or push- 
knobs to the right of and opposite thereto shall be capped so 
as to be inoperative. If two or more officers are to be elected to 
the same office for different terms, the term for which each is 
nominated shall be designated on the ballot. If, in any congres¬ 
sional district, one congressman is to be elected for a full term and 
another to fill a vacancy, the ballot containing the name of each 
nominee shall designate the congress for which he is nominated. 
The ballot captions, ballots and counter labels of the several 
political parties or other nominating bodies, and the ballots for 
and against constitutional amendments or other propositions or 
questions, shall be distinguished from each other by distinctive 
colors; and, so far as is possible, the colors to be used to distin¬ 
guish the candidates of the different political parties or other 
nominating bodies shall be those prescribed by the present usage 
of those towns in which such ballot machines have heretofore 
been used. The instruction cards shall state the pre¬ 
scribed colors of the party ballots and other ballots, and bal¬ 
lot captions, and give a summary of the laws punishing violations 
of the election law, with such other information as shall seem 
pertinent and advisable. 

§ 7. Number of ballot captions, ballots, counter labels, and 
instruction cards. —Four ballots of each kind shall be provided for 
each polling-place. Four instruction cards printed in English 
and four printed in such other language or languages as shall be 
prescribed by the board of supervisors of the county, shall be pro¬ 
vided for each polling place. They shall be printed in clear type 
so as to be easily read. Four complete sets of ballot captions 




194 


Election" Code. 


and two complete sets of counter labels shall also be provided 
for each polling place. 

§ 8. Correction of mistakes.—Upon affidavit presented by any 
voter that an error or an omission has occurred in the printing of 
the ballots, ballot captions or counter labels, the supreme court 
or a justice thereof, may make an order requiring the county 
clerk or other officer or board charged with the duty in respect to 
which such error or omission occurred, to correct such error or 
show cause why it should not be corrected. The county clerk or 
other officer or board shall, on their own motion, correct any pal¬ 
pable error in the ballots, ballot captions, counter labels or instruc¬ 
tion cards which can be corrected without interfering with their 
timely distribution. 

§ 9. Distribution of ballots.—The county clerk charged with the 
duty of providing ballots, ballot captions, counter labels, and 
instruction cards, shall on Saturday before the election in which 
they are to be used, deliver to the clerk of each town and to the 
city clerk of each city in the county, the ballots, ballot captions, 
counter labels, and instruction cards required for each polling 
place in such town or city. They shall be so delivered in two 
equal and similar sealed packages for each election district, each 
marked upon the outside thereof with the designation of the 
election district for which it is intended. Receipts, specifying 
the number and kind of packages, shall be given by each town 
and city clerk, and filed with the county clerk, who shall keep a 
record thereof, specifying the time and manner of the delivery. 
Each town and city clerk receiving such packages shall cause one 
of them to be delivered unopened and with its seals unbroken, to 
the inspectors of the election district marked thereon, at least 
thirty minutes before the opening of the polls, and shall take a 
receipt from such inspectors, specifying and describing the pack¬ 
age, which receipt shall be filed in the office of such clerk; from 
the contents of the other package he shall, not later than the 
day preceding the election, place, or cause to be placed, in the 
proper receptacles in each ballot-machine the ballot captions, bal¬ 
lots and counter labels in the order as officially published, and 
shall post instruction cards and diagram posters within the 
polling-room, accessible to voters, and set all labeled counters at 
nineiy-nine hundred and ninety-nine. City and town clerks, 
charged with the duty of providing ballots, ballot captions, counter 


Election - Code. 


195 


labels and instruction cards shall, in like manner, distribute them 
and take receipts therefor within their respective cities and 
towns. Such receipts shall be filed in the respective offices of 
the city and town clerks. 

§ 10. Lost ballots.—If the ballots, ballot captions, counter 
label* or instruction cards shall not be furnished to the town or 
city clerk as required herein, or if after being furnished and 
delivered they, or any of them, shall be lost, destroyed or stolen, 
the clerk of such town or city shall cause other ballots, as nearly 
in the form as those lost, destroyed or stolen, as possible, captions, 
counter labels or instruction cards to be prepared, and deliver 
them to the inspectors of election in their several election dis¬ 
tricts, and the substituted ballots, ballot captions, counter labels 
or instruction cards shall be used at the election in the same man¬ 
ner, as near as may be, as those lost, destroyed or stolen. The 
inspectors may correct palpable errors therein and shall, in their 
statement of the election, specify such corrections as made 
them. 

§ 11. Preparation for voting. — The inspectors of election and 
the poll clerks shall meet at their respective polling places in 
each election district forty minutes before the time designated 
for the opening of the polls therein. The inspectors shall choose 
one of their number chairman, if not already so chosen and 
present. They shall there have the ballots, ballot captions, 
counter labels and instruction cards, and shall break the pack¬ 
age thereof, make and post conspicuously, and so as to be acces¬ 
sible, one or more diagram posters, two or more instruction 
cards, and, if they shall be printed in different languages, at 
least two in each such language, at said polling-place. The 
diagram posters and instruction cards so posted shall not be 
taken down, torn, defaced or mutilated at such elections. The 
chairman shall retain one complete set of ballots, ballot captions 
and counter labels for use within the ballot machines, if needed. 
The inspectors shall then enter the voters’ compartment of the 
ballot machine through the entrance door, and, if not already 
done, the chairman shall, in the presence of the inspectors, adjust 
and secure within the frames upon the key-board the ballot cap¬ 
tions and ballots in the vertical numbered columns and to the 
left side of the push-knobs of the same color as the ballots, and 
arranged in the same order as on the diagram posters. The 


196 


Election Code. 


chairman shall then, in an audible voice, read from the said 
columns consecutively, beginning with the column number one, 
the caption and the ballots thereunder, in the order that they 
appear on the key-board. The inspectors shall see that all the 
names of the nominees for the same office appear and remain 
on the same horizontal lines, and that the ballots upon constitu¬ 
tional amendments, or other questions or propositions submitted, 
are arranged in pairs, successively captioned “ for ” and 
“ against.” The chairman shall then lock the bolt-rod behind 
the lock-button at the left side of the key-board. The inspectors 
shall then leave the voters’ compartment through the entrance 
door, and the authorized watchers may then inspect the interior 
of the voters’ compartment, likewise entering and departing 
through the entrance door, which shall thereupon be closed and 
locked by the chairman. The chairman shall then fully open 
the sliding doors of the counter compartment, in the presence 
of the inspectors and watchers, and, if not already so done, set 
each dial in every labeled counter at nine, and announce that 
everv counter is so set. The chairman shall then direct the 
other inspectors to enter the voters’ compartment, push in the 
push-knob of the uppermost ballot in column number one, and 
read aloud said ballot, whereupon the chairman shall insert in 
the receptacle of the counter thus indicated its counter label, 
if not already inserted, and shall audibly repeat the name, and^, 
in substance, say his counter is labeled and that all its dials 
are set at zero. They shall thus continue until all the push- 
knobs in column number one have been pushed in. One of the? 
inspectors shall then go out through the exit door, thus releasing 
the push-knobs. The inspectors shall then re-enter the ballot 
machine, and they shall proceed with the remaining columns 
in all respects as with column number one. The inspectors 
shall then leave the voters’ compartment, one going out through 
the exit door, the others through the entrance door. They shall 
all then see that the counter labels are in the same relative posi¬ 
tion opposite their respective ballots, and that all dials stand at 
zero, and each of them shall announce that all dials stand at 
zero. The chairman shall then adjust the public counter at zero. 
The counter compartment shall then be locked. 

Am’d by chan. 163 of 1896. In effect March 30, 1896. 

§ 12. Duties of inspectors. — During the time that the polls 
are open the chairman, or one of the inspectors, shall be stationed 
at the entrance door of the ballot-machine to act as doorkeeper. 

§ 13. Voting - . — The polls being open, the voters shall pass 
through the opening in the outer guard-rail singly or in single 
hie, and keeping in file, proceed to the inspectors’ table. If the 


Election Code. 


197 


voter shall be found to be entitled to vote, the doorkeeper shall 
admit him to the ballot-machine through the entrance door, which 
shall be immediately closed and kept closed until said voter shall 
have come out through the exit door, and said exit door is entirely 
closed. The voter may be challenged at any time before he 
enters the ballot-machine. 

§ 14. Disabled voters—Any voter who shall be totally blind, 
without the use of either hand sufficient to push the knobs, or 
physically unable to enter or leave the ballot-machine without 
assistance, may choose from the inspectors or poll clerks, an 
assistant, w-ho shall be admitted to the ballohmachine with him. 
The person so selected shall not, in any manner, request or seek 
to persuade or induce such voter to vote any particular ballot or 
for any particular nominee, amendment, question or proposition, 
and shall not reveal how such disabled voter voted, or what 
occurred within the ballot machine. After voting, one shall come 
from the ballot-machine through the entrance door first, the other 
through the exit door last The name of the assistant) shall be 
noted on the registers and poll-lists, opposite the name of the 
disabled voter and also the character of the disability. Intoxi¬ 
cation, inability to read and write, and mental disability shall 
not be regarded as physical disability. Such physically disabled 
voter may be examined under oath administered by any inspector 
as to his disability, and if he knowingly testify falsely, he shall 
be guilty of perjury and punishable therefor. 

§ 15. Time of voting.—No voter shall remain wfithin the ballot- 
machine longer than one minute. If he do so, he shall be 
requested to leave the ballot-machine, and if he refuse, he shall 
be removed, and the inspectors may call for such aid as shall be 
needed so to do. 

§ 1. Instructing voter within the ballot-machine.—In case 
any voter wuthin the ballot-machine shall ask the doorkeeper any 
question concerning the manner of voting, the doorkeeper shall 
summon another inspector of a party other than his own, and 
the question shall then be answered in the presence of both such 
inspectors; but under no circumstances shall advice be given ap 
to how or for whom the voter shall vote. 

§ 17. Canvassing the vote.—As soon as the polls are closed, the 
entrance door of the ballot machine shall be locked. The inspec¬ 
tors shall then, in the presence of the watchers, unlock and open 


198 


Election Code. 


the sliding dooirs of the counter compartment, only so far as to 
fully expose the full width of the wire-meshed guard door. The 
chairman shall read or announce, reading from left to right, the 
result in an audible voice to the others, a>s shown by the dials and 
they shall each and all observe and record the total number of 
votes registered for each respective candidate and upon each con¬ 
stitutional amendment, question, or other proposition as registered 
and declared by such ballot machine register, and such ascertain¬ 
ment of the results shall be deemed to be the canvassing of the 
votes cast at such election. The wire-meshed guard door shall 
not be unlocked or opened at any time during the canvass. 
They shall then close and lock the counter compartment doors and 
shall observe and record the total number of voters w 7 lio have voted 
in the ballot machine by transcribing the number shown by the 
dials of the public counter. 

§ lS.Certified statement.—Upon the completion of the canvass, 
the inspectors shall make and sign a written statement thereof, 
showing the date of the election, number of the district, the town 
or ward and the county in which it was held, the whole number of 
votes cast for each office, the whole number cast for each nominee 
for such office and the whole number cast, respectively, for and 
against each constitutional amendment, question, or other propo¬ 
sition submitted. Copies shall be made and filed and proclama¬ 
tion of the result of the election made as now required by the elec¬ 
tion law. 

§ 19. Ballot clerk.—No ballot clerks shall be elected or appointed 
in any town or city that shall have adopted the use of the ballot 
machine. 

§ 20. Election law.—The provisions of the election law not incon¬ 
sistent with this chapter shall apply with full force to all towns and 
cities adopting the use of the ballot machine. 

§ -1. Additional ballot machines.—Nothing herein contained 
shall prevent the use of more than one ballot machine in any 
polling place during an election. 

§ 22. Mistakes and omissions.—A departure in matters of form or 
method from those prescribed herein not tending to prejudice the 
substantial rights of the voter, shall be disregarded, and the provi¬ 
sions of this chapter shall be liberally construed to effect the 
objects of the law. 

§ 23. The counties of New York and Kings are excepted from 
the provisions of this act. 

§ 24. This act shall take effect immediately. 


Election Code. 


199 


Chap. 765. 

AN ACT to secure independence of voters at town meetings, 
secrecy of the ballot, and providing for the use of automatic 
ballot-cabinets. 

Became a law May 24, 1894, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York , represented in Senate 
and Assembly , do enact as follows: 

Section 1. Hereafter within this state any town or incorporated 
village may, by a majority vote of the town board, or board of 
trustees of such village at a meeting thereof, held not less than 
ten days before the time of the annual town meeting, or village 
election thereof is to be held, determine upon, purchase and order 
the use of one or more automatic ballot-cabinets at elections of 
tow T n or village officers; and thereafter at all elections of town 
officers in said town, or officers of such village, until otherwise 
determined by said town board or board of trustees of such village 
said automatic ballot cabinets shall be used for the purpose of 
voting for the officers to be elected at such elections and for 
registering and counting the ballots cast thereat. 

§ 2. Form of ballots and canvass of votes.—The ballot by 

which the elector chooses or votes in said automatic ballot cabinets 
shall be in secret, and shall be a cardboard or paper ticket or emblem, 
which shall contain written or printed, or partly written or partly 
printed, the names of the persons for whom the elector intends to 
vote, and shall designate the office to which each person so named is 
intended by him to be chosen, and shall not contain any other printed 
or written device or distinguishing mark, excepting a heading or 
caption of its political or party designation, of not exceeding five 
words, and may be of different colors, and if there shall be found in the 
ballot boxes more ballots of the respective political parties than were 
indicated by the automatic registers, such excess of ballots of the re¬ 
spective parties shall be rejected; and the canvassers shall also make 
a true canvass of all split tickets, and make an accur ate return of 


200 


Election Code. 


the votes cast for the respective candidates. The town board or 
board of trustees of such village may make regulations for the use of 
such ballot cabinets, but such regulations shall require all actions 
and proceedings of the election officers to be in public in the presence 
of watchers, who may be appointed by the different political parties 
or candidates thereof, and shall not be inconsistent with law further 
than may be necessary by reason of the use of such ballot cabinets 
for the purpose of holding elections, counting and canvassing the 
ballots thereof. 

Am'd, ch. 340 of 1898. 

§ 3. All election officers are hereby charged with the proper carry¬ 
ing out of necessary regulations for the use of any automatic voting 
machine provided in their respective towns or villages. 

§ 4. Any violation of the provisions of this act or any willful 
attempt to injure or render ineffectual any such automatic voting 
machine provided in accordance with the provisions of this act shall 
be deemed a misdemeanor. 

§ 6. This act shall take effect immediately. 


t 






Election Code. 


201 


CHAP. 262. 

AN ACT to amend the town law, relating to balloting. 

' o o 

Became a law April 8, 1895 with the approval of the Governor. Passed, three- 

fifths being present. 

The People of tlie State of New York, represented in Senate and 
Assembly, do enact as folloius: 


Section 1 . Section thirty-eight of chapter five hundred and sixty- 
nine of the laws of eighteen hundred and ninety, known as the town 
law, is hereby amended so as to read as follows : 

§ 38. Balloting'.—When the electors vote by ballot, all the officers 
voted for, except commissioners of excise, shall be named in one bal¬ 
lot which shall contain written or printed, or partly written and 
partly printed, the names of the persons voted for, and the offices to 
which such persons are intended to be elected, and shall be delivered 
to the presiding officers so folded as to conceal the contents, and shall 
be deposited by such officers in a box, to be constructed, kept and 
disposed of, as near as may be, in the manner prescribed in the general 
election law. Commissioners of excise shall be voted for upon a 
separate ballot, which shall be deposited in a separate box marked 
“ excise.” When any town shall have within its limits an incorpor¬ 
ated village, constituting a separate road district, exempt from the 
supervision and control of the commissioners of highways of the town, 
and from payment of any tax for the salary or fees of said commission¬ 
ers, and from payment of any fax for the opening, erection, mainten¬ 
ance and repair of any highway or bridge of said town, without the 
limits of said village, no residents of such village shall vote at any 
annual or special election in such town for any commissioner of high¬ 
ways for said town, nor for or against any appropriation for the open¬ 
ing, laying out, maintenance, erection or repair, of any highway or 
bridge in said town without the limits of said village. At the annual 
elections in such towns, the names of candidates for the office of 
highway commissioner shall be printed on a different ballot from the 
one containing the names of candidates for other town offices. 
Such ballots shall be indorsed commissioner of highways/’and shall 
be deposited, when voted, in a separate ballot-box, which also shall be 
marked “ commissioner of highways/’ Such ballots and ballot-box 
shall be furnished by the officers now charged by law with that duty 
at town elections. A poll-list shall be kept by the clerk of the meet¬ 
ing on which shall be entered the name of each person voting by 
ballot. 

§ 2. This act shall take effect immediately. 


202 


Election Code. 


Chap. 339. 

AN ACT to enable the towns and cities of this state to use the 

Davis automatic ballot machines at all elections therein. 

Became a law April 21, 1896, with the approval of the Governor. Passed, 

a majority being present. 

The People of the State of New York , represented in Senate 
and Assembly , do enact as follows : 

Section 1. The common council of any city, and the town board 
of any town within this state may adopt the Davis automatic bal¬ 
lot machine for use at all elections, and thereupon it shall be law¬ 
ful to use such ballot machines for the purpose of voting- for all 
public officers to be elected by the voters of such town or city, 
or any part thereof, and upon all constitutional amendments or 
propositions, or questions which may lawfully be submitted to 
such voters, and for registering and counting the ballots cast at 
such election. 

§ 2. The common council of each city, and the town board of 
each town adopting said machine, shall provide for each polling 
place, at each election therein, the necessary ballot machines, in 
complete working order, with the dials of the counters set at 0, 
and shall care for the said ballot machines, as well as the furni¬ 
ture and equipment of the polling places when not in use at 
elections. 

§ 3. The ballot machine and every part of the polling place shall 
be in plain view of the election officers, including the watchers. 
The ballot machines shall be placed at least three feet from the 
wall of the room and at least three feet from the outer guard-rail. 
The inspectors’ table shall be at least four feet from the ballot 
machine. An inner guard-rail shall extend from the ballot 
machine and between the entrance and exit doors thereof to a 
point at or near the inspectors’ table. The outer guard-rail shall 
be so placed as to bar access to within three feet at least of the 
ballot machine, but with openings or gateways leading to and 
from the inspectors’ table. Party nominations shall be arranged' 
in columns, or else in horizontal rows, upon the said machines, 
and at the head of each of said columns, or else at the end of each 
of said rows, as the case may be, ballot captions shall be placed 
of cardboard, or heavy paper, not less than four inches long nor 
less than three inches wide, which shall have printed thereon, in 
plain, clear type, as large as the space will reasonably permit, the 


Election Code. 


203 


party or other lawful designation of the nominee, amendments, or 
other questions or propositions submitted to vote. For each can¬ 
didate lawfully nominated, and for each constitutional amend¬ 
ment or other proposition lawfully submitted to vote, a push key 
or lever shall be set as provided in section two of this act, and 
adjacent thereto shall be attached a printed ballot of cardboard, 
or heavy paper, not less than three inches long and not less than 
two inches wide, upon which shall be printed in plain, clear type, 
as large as the space will reasonably permit, the name of the office 
and the name of the candidate or nominee therefor; or a concise 
statement of the amendment, question or proposition submitted, 
under successive headings for and against. Should any party 
fail to make a nomination for any office, the ballot in that party’s 
column or horizontal line upon the keyboard devoted to that office 
shall be left blank, and the pusli-knob or lever thereof shall be, 
capped or otherwise arranged so as to be inoperative. Should 
two or more parties nominate the same person for the same office, 
or should the same person be nominated for the same office by any 
party and also by independent nomination, his name shall be 
printed upon the ballot of the party, or in the list of independent 
nominations, the certificate of which shall first be filed as required 
by law; provided, however, that such nominee may, within two 
days after his second nomination, bv a written instrument, ac- 
knowledged as deeds are required to'be acknowledged for record, 
and filed with the county clerk of the county, require his name to 
appear in the column or horizontal line of some other party so 
nominating him, and the county clerk shall prepare liis*ballot ac¬ 
cordingly, and the ballots of the other party or parties which shall 
have nominated him shall be left blank for that office, and flie cor¬ 
responding push-knob or push-knobs or levers shall be capped or 
otherwise arranged so as to be inoperative. If two or more officers 
are to be elected to the same office for different terms, the term 
for which each is nominated shall be designated on the ballot. 
The ballot captions and ballots of the several political parties or 
other nominating bodies, and those for and against constitutional 
amendments or other propositions or questions, shall be distin¬ 
guished from each other by distinctive colors, and the ballot cap¬ 
tions shall contain thereon the party emblems as provided by 
section fifty-six of chapter eight hundred and ten of the laws of 
eighteen hundred and ninety-five. In addition to the push-knob 
or lever and the ballot for each candidate, such bailot machines 
may also provide in each column or horizontal line of the party 
nominations a separate push-knob or lever to vote a ballot printed 
in plain, large type “ straight ticket.” In presidential elections 
such ballot machines may provide in each column or horizontal 


204 


Election Code. 


line of party nominations a separate push-knob or lever to vote a 
ballot for all the presidential electors nominated by such party. 

§ 4. The county clerk of the county shall provide at the ex¬ 
pense of the county, the requisite number of ballots, ballot cap¬ 
tions, counter labels and instruction cards for each polling place 
in such town and city for each election to be held thereat, except 
for town meetings, village elections, and the elections of school 
officers not held at the same time as the general election, in which 
latter case the clerk of such village, town or school district shall 
provide at the expense of said village, town or school district the 
requisite number of ballots, ballot captions, counter labels and 
instruction cards for each polling place. The ballots, ballot 
captions, counter labels and instruction cards shall be printed 
and in possession of the clerk charged with the duty of providing 
them and open to the public inspection four days before every 
election, except in case of a town meeting, village election, or 
election of school officers not held at the samertime as the general 
election, in which case they shall be so printed and open to public 
inspection two days before such election. 

§ 5. Four sample ballots of each kind shall be provided for each 
polling place, and four instruction cards printed in such other 
language or languages as the common council or the town board 
may prescribe, shall be provided for each polling place, together 
with four complete sets of ballot captions. The ballot captions 
and ballots shall be duplicates of those used upon the machine, 
and the instruction cards shall be printed in clear type so as to 
be easily read. The instruction cards shall state the prescribed 
colors and emblems of the party ballots, and of the ballots of 
independent nominees, and shall give a summary of the laws 
punishing violations of the election law and full instructions for 
the use of said ballot machines. 

§ 6. The county clerk or other officer having charge of the 
printing of the ballots, ballot captions and instruction cards, 
shall on his own motion, correct any error therein upon discovery** 
thereof, which can be corrected without interfering with their 
distribution and use at the election. 

§ 7. Counter labels shall be of cardboard or heavy paper of the 
same length, width and color as the ballots, and shall be so placed 
on the machine as that the registering counter for each push- 
knob or lever shall show, adjacent to the label or ballot, the num¬ 
ber of ballots cast for the candidate whose name is printed upon 
said counter label. 

§ 8. The clerk charged with the duty of providing ballots, bal¬ 
lot raptions, counter labels and instruction cards shall, on Satur¬ 
day before the election at which they are to be used, deliver ten 


Election Code. 


205 


the clerk of each town and city in the county, the ballots, ballot 
captions, counter labels and instruction cards required for each 
polling place in such town or city. 

§ 9. The inspectors of election and poll clerks shall meet at 
their respective polling places in each election district, thirty 
minutes before the time of opening of the polls therein. After the 
election of one of their number as chairman, they shall post the 
instruction cards and sample ballot captions, and shall, if the 
same has not already been done, adjust and secure within the 
frames upon the keyboard, the ballot captions and ballots in the 
presence of the official watchers. The inspectors shall then fully 
open the doors of the counter compartment in the presence of the 
inspectors and watchers, and shall thereupon push the push- 
knobs or levers on the balloting side of the machine until all the 
counter dials register at zero. The counting apparatus shall then 
be locked. 

§ 10. After the polls shall have been duly opened, the voters 
shall pass through the opening in the outer guard-rail singly 
or in single file to the inspectors’ table. If the voter shall be 
found entitled to vote, one of the inspectors shall admit him to 
the ballot machine through the entrance. 

§ 11. Any voter who shall be totallv blind or without the use cf 
either hand sufficient to push the knobs or levers, or who shall be 
physically unable to enter or leave the ballot machine without as¬ 
sistance, may choose from the inspectors or poll clerks an assist¬ 
ant who shall be admitted to the ballot machine with him, pro¬ 
vided he shall have been duly registered as a disabled voter pur¬ 
suant to section one hundred and five of chapter eight hundred; 
and ten of the laws of eighteen hundred and ninety-five; but in¬ 
toxication or illiteracy shall not be regarded as a physical disa¬ 
bility.* The inspector or poll clerk selected by the voter shall not 
in any manner request nor seek to persuade or induce such voter 
to vote any particular ballot, or for any particular nominee, 
amendment, question or proposition, and shall not reveal for 
whom such disabled voter voted. 

§ 12. In case any voter after entering the ballot machine shall 
ask for further instructions concerning the manner of voting, two; 
inspectors of opposite political parties shall stand outside the 
machine and give such directions to the voter as they two may 
agree upon, except that under no circumstances shall either of 
them give advice as to voting for any particular nominee, amend¬ 
ment, question or proposition. 

§ 13. No voter shall remain within the ballot machine longetf 
than one minute, and if he shall refuse to leave the said machine 
after the lapse of one minute, he shall be removed by the in¬ 
spectors. 


* The chapter referred to was repealed by chap. 909, Laws of 1896. 




206 


Election Code. 


§ 14. As soon as the polls are closed the ballot machine shall 
be locked against voting, and the counting compartment opened 
in the presence of the watchers and all other persons who may be 
lawfully within the room, or voting place, giving full view to the 
dial numbers announcing the votes cast for each candidate, and 
for or against the various constitutional amendments, questions 
or other propositions. 

§ 15. The inspectors shall then add together the votes cast for 
each candidate upon the straight tickets, if any, and the votes 
cast for such candidates by reason of the pusli-knob or lever 
bearing the name of that candidate, and officially and publicly 
announce the total vote for each candidate thus ascertained. 
Before leaving the room or voting place, and before closing and 
locking the counting compartment, the inspectors shall make and 
sign written statements of election required by section one hun¬ 
dred and fifteen of chapter eight hundred and ten of the laws of 
eighteen hundred and ninety-five, except that such statements of 
the canvass need not contain any ballots, official or defective.* 
The written statements so made, after having been signed by the 
inspectors, shall be read in the hearing of all persons present and 
ample opportunity given to compare the results so certified, with 
the counter dials so exposed to public view. After such com¬ 
parison and correction, if any, are made, the inspector shall 
then close the counting compartment. 

§ 16. No ballot clerks shall be elected or appointed in any town 
or city that shall have adopted the use of the ballot machine. 

§ 17. All provisions of the election law, not inconsistent with 
this chapter, shall apply with full force to all towns and cities 
adopting the use of ballot machines. 

§ 18. This act shall take effect immediately. 


* The chapter referred to was repealed by chap. S09, Laws of 1896. 



Election Code. 


206a 


€hap. 449 of 1897. 

AN ACT to enable the towns and cities of this state to use the 
Boma automatic baliot machine at all elections therein. 

Became a law May 17, 1897, with the approval of the Governor. Passed, three- 

fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly , do enact as follows: 

Section 1. The common council of any city, and the town 
board of any town within this state may adopt the Boma auto¬ 
matic ballot machine for use at all elections, and thereupon it 
shall be lawful to use such ballot machines for the purpose of 
voting for all public officers to be elected by the voters of 
such town or city, or any part thereof, and upon all constitu¬ 
tional amendments or propositions, or questions which may law¬ 
fully be submitted to such voters, and for registering and 
counting the ballots cast at such election. 

§ 2. The common council of each city, and the town board of 
each town adopting said machine, shall provide for each poll¬ 
ing place, at each election therein, the necessary ballot ma¬ 
chines in complete working order, with the dials of the coun¬ 
ters set at 0, and shall care for said ballot machines, as well 
as the furniture and equipment of the polling places when not 
in use at elections. 

§ 3. The ballot machine and every part of the polling place 
shall be in plain view of the election officers, including the 
watchers. The ballot machines shall be placed at least three 
feet from the wall of the room and at least three feet from the 
outer guard rail. The inspectors’ table shall be at least four 
feet from the ballot machine. An inner guard rail shall ex¬ 
tend from the ballot machine and between the entrance and 
exit doors thereof to a point at or near the inspectors’ table. 
The outer guard rail shall be so placed as to bar access to 
within three feet at least of the ballot machine, but with the 
openings or gateways leading to and from the inspectors’ table. 
Party nominations shall be arranged in columns, or else in 


206b 


Election Code. 


horizontal rows, upon the said machines, and at the head of 
each of said columns, or else at the end of each of said 
rows, as the case may be, ballot captions shall be placed 
of cardboard, or heavy paper, not less than four inches long* 
nor less than two and one-half inches wide, which shall 
have printed thereon, in plain, clear type, as large as the space 
will reasonably permit, the party or other lawful designation 
of the nominee, amendments, or other questions or proposi¬ 
tions submitted to vote. For each candidate lawfully nomi¬ 
nated, and for each constitutional amendment or other proposi¬ 
tion lawfully submitted to vote, a push key or lever shall be 
set as provided in section two of this act, and adjacent thereto 
or upon said lever shall be attached a printed ballot of card¬ 
board, or heavy paper, not less than two and one-half inches 
long and not less than one inch wide, upon which shall be 
printed in plain, clear type, as large as the space will reason¬ 
ably permit, the name of the office and the name of the candi¬ 
date or nominee therefor; or a concise statement of the amend¬ 
ment, question or proposition submitted, under successive 
headings for and against. Should any party fail to make a 
nomination for any office, the ballot in that party’s column or 
horizontal line upon the keyboard devoted to that office shall 
be left blank, and the push-knob or lever thereof shall be 
capped or otherwise arranged so as to be inoperative. Should 
two or more parties nominate the same person for the same 
office, or should the same person be nominated for the same 
office by any party and also by independent nomination, his 
name shall be printed upon the ballot of the party, or in the list 
of independent nominations, the certificate of which shall first 
be filed as required by law; provided, however, that such 
nominee may, within two days after his second nomination, 
by a written instrument, acknowledged as deeds are required 
to be acknowledged for record, and filed with the county clerk 
of the county, require his name to appear in the column or 
horizontal line of some other party so nominating him, and the 
county clerk shall prepare his ballot accordingly, and the bal¬ 
lot of the other party or parties which shall have nominated 
him shall be left blank for that office, and the corresponding 


Election Code. 


206c 


push-knob or push-knobs or levers shall be capped or otherwise 
arranged so as to be inoperative. If two or more officers are 
to be elected to the same office for different terms, the term 
for which each is nominated shall be designated on the ballot. 
The ballot captions and ballots of the several political parties 
or other nominating bodies, and those for and against constitu¬ 
tional amendments or other propositions or questions, shall be 
distinguished from each other by distinctive colors, and the 
ballot captions shall contain thereon the party emblems as pro¬ 
vided by section fifty-six of chapter eight hundred and ten of 
the laws of eighteen hundred and ninety-five. In addition to 
the push-knob or lever and the ballot for each candidate, such 
ballot machines may also provide in each column or horizontal 
line of the party nominations a separate push-knob or lever 
to vote a ballot printed in plain, large type “straight ticket.” 
In presidential elections such ballot machines may provide in 
each column or horizontal line of party nominations a sepa¬ 
rate push-knob or lever to vote a ballot for all the presidential 
electors nominated by such party. 

§ 4. The county clerk of the county shall provide at the ex¬ 
pense of the county, the requisite number of ballots, ballot 
captions, counter labels and instruction cards for each polling 
place, in such town and city for each election to be held thereat, 
except for town meetings, village elections, and the elec¬ 
tion of school officers not held at the same time as the general 
election in which latter case the clerk of such village, town or 
school district shall provide at the expense of said village, 
town or school district the requisite number of ballots, ballot 
captions, counter labels and instruction cards for each polling 
place. The ballots, ballot captions, counter labels and instruc¬ 
tion cards shall be printed and in possession of the clerk 
charged with the duty of providing them and open to the pub¬ 
lic inspection four days before every election, except in case 
of a town meeting, village election, or election of school offi¬ 
cers not held at the same time as the general election, in 
which case they shall be so printed and open to public inspec¬ 
tion two days before such election. 

§ 5. Four sample ballots of each kind shall be provided for 


206d 


Election Code. 


each polling place, and four instruction cards printed in such 
other language or languages as the common council or the town 
board may prescribe, shall be provided for each polling place, 
together with four complete sets of ballot captions. The bal¬ 
lot captions and ballots shall be duplicates of those used upon 
the machine, and the instruction cards shall m be printed in 
clear type so as to be easily read. The instruction cards shall 
state the prescribed colors and emblems of the party ballots, 
and of the ballots of independent nominees, and shall give a 
summary of the laws punishing violations of the election law 
and full instructions for the use of said ballot machines. 

§ 6. The county clerk or other officer having charge of the 
printing of the ballots, ballot captions, and instruction cards, 
shall on his own motion, correct any error therein upon dis¬ 
covery thereof, which can be corrected without interfering 
with their distribution and use at the election. 

§ 7. Counter labels shall be of cardboard or heavy paper of 
the same length, width and colors as the ballots, and shall be 
so placed on the machine as that the registering counter for 
each push-knob or lever shall show the number of ballots cast 
for the candidate whose name is printed upon said counter 
label. 

§ 8. The clerk charged with the duty of providing ballots, 
ballot captions, counter labels and instruction cards, shall, on 
Saturday before the election at which they are to be used, de¬ 
liver to the clerk of each town and city in the county, the bal¬ 
lots, ballot captions, counter labels and instruction cards re¬ 
quired for each polling place in such town or city. 

§ 9. The inspectors of election and poll clerks shall meet at 
their respective polling places in each election district, thirty 
minutes before the time of opening of the polls therein. After 
the election of one of their number as chairman, they shall 
post the instruction cards and sample ballot captions, and shall, 
if the same has not already been done, adjust and secure within 
the frames upon the keyboard, the ballot captions and ballots 
in the presence of the official watchers. The inspectors shall 
then fully open the doors of the counting compartment in the 
presence of the inspectors and watchers, and shall thereupon 


Election Code. 


206e 


push the push-knobs or levers on the balloting side of the 
machine until all the counter dials register at zero. The count¬ 
ing apparatus shall then be locked. 

§ 10. After the polls shall have been duly opened the voters 
shall pass through the opening in the outer guard rail singly 
or in single file to the inspectors’ table. If the voter shall be 
found entitled to vote, one of the inspectors shall admit him to 
the ballot machine through the entrance. 

§ 11. Any voter who shall be totally blind or without the 
use of either hand sufficiently to push the knobs or levers, o r 
who shall be physically unable to enter or leave the ballot ma¬ 
chine without assistance, may choose from the inspectors or 
poll clerks an assistant who shall be admitted to the ballot 
machine with him, provided he shall have been duly registered 
as a disabled voter pursuant to section one hundred and five of 
chapter eight hundred and ten of the laws of eighteen hundred 
and ninety-five; but intoxication or illiteracy shall not be re¬ 
garded as a physical disability. The inspector or poll clerk 
selected by the voter shall not in any manner request nor seek 
to persuade or induce such voter to vote any particular ballot, 
or for any particular nominee, amendment, question or prop¬ 
osition, and shall not reveal for whom such disabled voter 
voted. 

§ 12. In case any voter after entering the ballot machine 
shall ask for further instructions concerning the manner of 
voting, two inspectors of opposite political parties shall stand 
outside the machine and give such directions to the voter as 
they two may agree upon, except that under no circumstances 
shall either of them give advice as to voting for any particular 
nominee, amendment, question or proposition. 

§ 13. No voter shall remain within the ballot machine longer 
than one minute, and if he shall refuse to leave the said ma¬ 
chine after the lapse of one minute, he shall be removed by 
the inspectors. 

§ 14. As soon as the polls are closed the ballot machine shall 
be locked against voting, and the counting compartment opened 
in the presence of the watchers and all other persons who may 
be lawfully within the room, or voting place, giving full view 


206f 


Election Code. 


to the dial numbers announcing the votes cast for each candi¬ 
date, and for or against the various constitutional amendments, 
questions or other propositions. 

§ 15. The inspectors shall then add together the votes cast for 
each candidate upon the straight tickets, if any, and the votes 
cast for such candidates by reason of the push-knob or lever 
bearing the name of that candidate, and officially and publicly 
announce the total vote for each candidate thus ascertained. 
Before leaving the room or voting place, and before closing 
and locking the counting compartment, the inspectors shall 
make and sign written statements of election required by sec¬ 
tion one hundred and fifteen of chapter eight hundred and ten 
of the laws of eighteen hundred and ninety-five, except that 
such statements of the canvass need not contain any ballots^ 
official or defective. The written statement so made, after 
having been signed by the inspectors, shall be read in the 
hearing of all persons present and ample opportunity given to 
compare the results so certified, with the counter dials so ex¬ 
posed to public view. After such comparison and correction, 
if, any, are made, the inspector shall then close the counting 
compartment. 

§ 16. No ballot clerk shall be elected or appointed in any town 
or city that shall have adopted the use of the ballot machine. 

§ 17. All provisions of the election law, not inconsistent with 
this chapter, shall apply with full force to all towns and cities 
adopting the use of ballot machines. 

§ 18. This act shall take effect immediately. 


t 


Election Code. 


206g 


Chap. 450 of 1897. 

AN ACT relating to the use of voting machines. 

^Became a law May 17, 1897, with the approval of the Governor. Passed, three* 
» fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly , do enact as follows: 

Section 1. Within thirty days after the passage of this act, the 
governor shall appoint three commissioners, one of whom shall 
be an expert in patent law, and two of whom shall be mechani¬ 
cal experts. The said commissioners shall hold office for the 
term of five years, subject to removal, at the pleasure of the 
governor. 

§ 2. Any person or corporation owning or being interested in 
any voting machines may call upon the said commissioners to 
examine the said machine, and make report to the secretary of 
state upon the capacity of the said machine to register the will 
of voters, its accuracy and efficiency, and with respect to its 
mechanical perfections and imperfections. In their report 
the said commissioners shall certify whether, in their opinion, 
the said machine can be safely used by the voters at the elec- 
i tions to be held within this state, and whether in their opinion 
the legislature ought to legalize the adoption thereof. The 
said commissioners may also certify and report as to the num¬ 
ber of voters which said machine can safely and prudently ac¬ 
commodate within the hours specified by law for the holding 
of an election. 

§ 3. Any person or persons who shall hereafter present to 
the legislature any bill to legalize the adoption of any voting 
machine may present with said proposed bill a certified copy 
of the report of said commissioners so filed wfitli the secretary 
of state upon the machine so proposed to be legalized. 

Section four repealed by chap. 340 of 1898. 

§ 5. The person or persons applying to the said commissioners for 
the examination and reports herein provided for, shall pay the fees 
and expenses of said commissioners in making said examination, not 
exceeding however, the sum of one hundred and fifty dollars to each 


206h 


Election Code. 


commissioner as compensation for the examination of and report 
upon any one machine. 

§ & No person, while holding the office of commissioner under 
this act, shall have any pecuniary interest in any voting machine. 

§ 7. This act shall take effect immediately. 

Chap. 168 of 1898. 

AN ACT to enable the towns and cities of this state to use the 

Standard Automatic Voting or Ballot Machines at all elections 

therein. 

Became a law March 29, 1898, with the approval of the Governor. Passed, three- 

fifths being present. 

\ 

The People of the State of New York , represented in Senate arid As¬ 
sembly ,, do enact as follows: 

Section 1. The common council of any city, the town board of 
any town, and the trustees of any village within this state may adopt 
the Standard automatic ballot machines for use at all elections, and 
thereupon it shall be lawful to use such ballot machines for the pur¬ 
pose of voting for all public officers to be elected by the voters of 
such town, city or village, or any part thereof, and upon all constitu¬ 
tional amendments or propositions, or questions which may be law¬ 
fully submitted to such voters, and for registering and counting the 
ballots cast at such election. 

§ 2. The common council of each city, the town board of each 
town and the trustees of each village, adopting said machine, shall 
provide for each polling place, at each election therein, the necessary 
ballot machines, in complete working order, and shall care for said 
ballot machines as well as the furniture and equipment of the polling 
places when not in use at such elections. They shall also prescribe 
rules and regulations for using said ballot machines, not provided for 
in this act during the time the said ballot machines are being used 
for the purpose herein set forth, such rules and regulations being 
suchy as to secure the most accurate and efficient results, and the 
greatest secrecy in voting. 

§ 3. The tickets to be used on said Standard ballot machine shall 
be furnished as provided for under existing laws, except that each 
party ticket shall be printed on heavy cardboard two and one-six¬ 
teenth inches wide and of necessary length, and the vertical space 
upon said tickets devoted to each candidate shall be one and one- 


Election Code. 


206i 


fourth inches from center to center, such being the dimensions re¬ 
quired in the construction of said ballot machine. 

§ 4. The ballot machine, and every part of the polling place, shall 
be in plain view of the election officers, including the watchers, if 
any (except that the operation of the machine by the elector shall be 
obscured as herein provided). It shall be placed at least three feet 
from every wall or partition of the room, and at least three feet from 
the outer guard-rail, and at least four feet from the judge’s table. 
Guard-rails shall be constructed at least three feet from the machine, 
with openings to admit electors to and from the machine, and no 
person shall be permitted within such guard-rails except to enter the 
booth for the purpose of voting. But one person shall be permitted 
within such booth at a time, except that a disabled elector may be 
furnished such assistance and in such manner as is now or may here¬ 
after be authorized by law, and not otherwise. 

§ 5. The party emblem shall be placed at the head of the party 
ticket in such a manner as to be easily seen; and in presidential 
elections, such machine may be provided in each column on one 
horizontal line of party nominations, with a key or indicator, for 
voting all the presidential electors nominated by such party, and the 
numbers registered by the counters of that particular key or indi¬ 
cator shall be counted for each and every one of the candidates for 
presidential elector of such political party. 

§ 6. The officer or officers now charged by law with the duty of 
furnishing such election districts with ballots shall furnish each poll¬ 
ing place using such machine with all ballots and instruction cards 
herein required ; and the same shall, on Saturday next preceding the 
election at which they are to be used, be delivered to the clerk of 
the city, village town or precinct where the same are to be used, or 
to such other officer in such city, town or village to whom ballots 
are now required by law to be delivered. 

§ 7. Before any voting is done on any such machine or machines, 
all the counters shall be placed so as to register zero, and shall not be 
again changed except as it is done by the electors in voting, and the 
inspectors of election may correct any error in the ticket that might 
invalidate the vote for any candidate if uncorrected. 

§ 8. In case any voter after entering the ballot machine booth 
shall ask for further instructions concerning the manner of voting, 
two judges of opposite political parties shall stand outside such booth 
and give such directions to the voter as the two may agree upon, 
except that under no circumstances shall either of them give advice 


Election Code. 


206j 

as to voting for any particular nominee, amendment, question or 
proposition. 

§ 9. No voter shall remain within the ballot machine booth longer 
than one minute, and if he shall refuse to leave the said machine 
after the lapse of one minute, he shall be removed by the judges. 

§ 10. As soon as the polls are closed the ballot machine shall be 
locked against voting, and the counting compartment opened in the 
presence of the watchers and all other persons who may be lawfully 
within the room or voting place, giving full view to the dial num¬ 
bers announcing the votes cast for each candidate, and for or against 
the various constitutional amendments, questions or other proposi¬ 
tions. 

§ 11. The judges shall then add together the votes cast for each 
candidate, and ascertain the number of votes which each has re¬ 
ceived, and publicly announce the total vote for each candidate thus 
ascertained. Before leaving the room or voting place, and before 
closing and locking the counting compartment, the judges shall make 
and sign written statements or returns of such election, as now re¬ 
quired by law, except that they shall not be required to attach any 
ballots, official or defective, thereto. The written statements or re¬ 
turns so made, after having been signed by the judges, shall be dis¬ 
tinctly and clearly read in the hearing of all persons present, and 
ample opportunity given to compare the results so certified with the 
counter dials of such machine. After such comparison and correc¬ 
tion, if any is made, the judges shall then close the counting com¬ 
partment and lock the same. 

§ 12. No ballot clerk shall be elected or appointed in any town or 
city that shall have adopted the use of the ballot machine. 

§ 13. Any person who shall tamper or attempt to tamper with any 
such machine or machines, or in any manner intentionally impair or 
attempt to impair its use, and any person who shall be guilty of or 
attempt any dishonest practice upon any such machine, or with or 
by its use, shall be deemed guilty of a misdemeanor, and punishable 
by a fine not exceeding one thousand dollars, or by imprisonment 
not exceeding five years, or by both fine and imprisonment. 

§ 14. All provisions of the election law not inconsistent with this 
chapter shall apply with full force to all towns, cities, villages or 
civil divisions of this state adopting the use of ballot machines. 

§ 15. This act shall take effect immediately. 


GENERAL INDEX. 


A. 

Act, SEC. PAGE. 

congressional apportionment. 161 

elective franchise criminal, of 1892.41-41z 168 

for apportionment of members of assembly. 178 

town meeting ballot. 189 

202 

Addition, 

of names on registry list. 81 .... 

application for, how made. 31 _ 

to whom made. 31 .... 

when made. 31 _ 

where made. 31 .... 


Adjournment, 

of county board. 

of election, after polls are open 
of state board from day to day 


182 

2 

138 


• • • • 


• • • • 


Affidavit, 

of chairman to be attached to certificate of party nomination 66 

of secretary to be attached to certificate of party nomination 56 


Alderman, 

form of poster or list of candidates to be sent to (No. 6).... .... 136 

to post printed lists of nominations.. 62 . . 

See Nominations. 


Ale or beer, 

no sale of, in room for registry or voting, or adjoining 

thereto. 

within sixty days before designation..... 

prohibited after designation. 


10 .... 

10 .... 

10 .... 


Alteration, 

of election districts 
when to take effect 


8 

8 


• • • • 


Amendment, 

notice ol submission of 


6 


Annotations— See Notes. 
























208 


General Index. 


Announcement, sec. page. 

of result of canvass. 55 .... 

Applicants, 

for registry, challenges to... 34 .... 

by any qualified elector of district. 34 .... 

oath and examination on challenge. 34 .... 

Appointment, 

of ballot clerks. 12 .... 

by inspectors, etc. 12 .... 

in writing. 12 

to be filed with town clerk. 12 .... 

to fill vacancy,. 12 

of ballot clerks for Brooklyn registry. 12 .... 

by whom. 12 .... 

when. 12 _ 

of canvassers. 12 .... 

by whom. 12 

when .... 12 _ 

of inspectors for Brooklyn registry. 12 

by whom. 12 .... 

when. 12 .... 

of inspectors of election in cities. 12 _ 

mode of . 12 ... 

of poll clerks. 13 .... 

by inspectors, etc. 13 . ... 

in writing. 13 .... 

to be filed with town clerk. 13 .... 

to fill vacancy. 13 

Apportionment law, 

congressional. 168 

legislative. 172 

Assembly, 

apportionment of members of. 178 


Assembly, members of, 

when special election not to be held to fill vacancies in 


office of..... 4 , . 

Assessments, 

political... 41u 166 

Assistance in voting. . 104 .... 

when and how rendered. 104 .... 







































General Index. 209 

Assistant, sec. page. 

assisted and challenged, report of. 84 ... 

in preparing ballot, duties of. 104 

in preparing ballot may be selected by voter. 104 .... 

may enter into voting booth with voter. . 104 .... 

not to influence voter. 104 _ 

not to reveal name of candidate, etc. 104 .... 

to assist voter in preparing ballot. 104 .... 

Attendance at polls, 

furnishing money or entertainment to induce. 41o 164 

Attorney-General, 

is member of state board . 138 _ 

Authority, 

corrupt use of. 41u 166 

B. 

Ballot-boxes, 

one at each polling-place for ballots cast. 16 .... 

additional, for proposed constitutional amendments, etc. 16 .... 

others for spoiled and mutilated ballots, and detached ballot 

stubs. 16 ..., 

prepared in what manner. 16 .... 

size of. 16 

to be examined, at opening of polls, by inspectors and 

watchers. 100 .... 

to remain locked until closing of poll . 100 .... 

what not to be placed in, during election. 100 .... 

Ballot cabinet, 

regulations for use of. 189 

201 

towns may authorize use of. 182 

Ballot clerks, 

announcement by, on delivery of official ballots.. 103 .... 

on return of official ballots. 103 .... 

appointment of, in cities. 13 .... 

compensation of. 18 .... 

duties of...*. 13 - 

designation of. 11 - 

form of certificate of appointment of (No. 10). 137 

form of oath of office of (No. 12). 138 

general duties of. 103 .... 

location. 100 .... 


27 



































210 


General Index. 


Ballot clerks — (Continued) sec. page. 

not to deliver ballots to voter until announced to be regis¬ 
tered. 103 .... 

number of. 11 •••• 

order of delivering official ballots to voters. 103 .... 

position of, within inclosed space. 100 . „.. 

qualifications of. 11, 12 

term of office of .:. 13 .... 

to be present at opening of polls. 100 .... 

to cancel and preserve all returned ballots... 103 .... 

to deliver no returned ballots to voter ... 103 .... 

to fill vacancy, to take oath of office. 14 .... 

to inclose returned and retained ballots and stubs in sealed 

package. 103 .... 

to make, upon closing of polls, written statement. 103 .... 

to contain what. .„. 103 .... 

to whom to deliver such statement and package. 103 _ 

‘ to preserve all detached stubs. 103 .. 

to receive detached stubs. 103 .... 

to receive official and sample ballots.. 100 .... 

vacancies, how filled . 14 .... 

who deemed a. 100 .... 


Ballot return, 

by whom prepared. 84 

form of. . 84 


Ballots, official, 

name of candidate declining nomination not to be printed 

on. 

to be provided at public expense. 

to be provided for what elections. 

See Official Ballots. 

Ballots, sample —See Sample Ballots. 

Ballots, unofficial, 

official distribution of substitutes for missing. 

substituted ballots to be known as. 

Ballots, 

at town meetings. 

choice of emblems for. 

delivery of, to voters. 

form of. 

form of, for questions submitted. 

judicial investigation of, objected to as marked for identifi¬ 
cation . ... 

marked, when to be excluded on recount. 

mode of procedure, where, is believed to be marked for 

identification. 

mode of procuring, by voter. 


64 

80 

80 


• • • • 


• • • • 


89 

89 


• • • • 


• • ♦ • 


104 

81 

82 


125 


114 

114 

114 

104 











































General Index. 


211 


Ballots — (Continued), sec. page 

number on stub. 81 

official. 80 

to be provided... 80 

used at what elections . 80 

packages of unused, to be filed with county clerk. 113 

when with town, city or village clerk. 113 

when with board of police commissioners. 113 

when with board of elections. 113 

to be preserved for one year. 113 

to be destroyed after that time. 113 

when to be opened and examined. 113 

sample. 88 

size of. 81 

unattached and unvoted, to be destroyed. 115 

when to be destroyed. 115 

Blank forms, 

for election officers. 84 

Board of canvassers, 

duty of, during canvass, where ballot, etc., is believed to be 

marked for identification. 110 

to exhibit ballots, during canvass, to watchers. 110 

how to be done. 110 

not to alter, in correcting statement, their decision. 132 

to continue in office for purpose of mandamus proceedings. 114 

to*correct statement on its return. 132 

to file packages of detached stubs with board of election in 

Brooklyn. 113 

to file packages of unvoted ballots with same. 113 


Board of elections, 

appointment of election officers. 

election districts, creation of. 

notice of election. 

of Brooklyn, when nominations to be certified to. 

to correct errors and omissions in ballots. 

when upon order of court or justice. 

when voluntarily. 

to furnish registration blanks to inspectors. 

to have ballots and instruction cards in possession for in¬ 
spection . 

for what length of time. 

to provide and deliver ballots, etc., when. 

to provide same for polling places in Brooklyn. 

to publish list of nomination of candidates. 

See Publication of Nominations. 
to take and file receipts for ballots... 


12 

8 

,6 

60 

88 

88 

88 

36 

86 

86 

87 

86 

61 

87 
















































General Index. 


21 2 

Board of inspectors, SEC. PAGE 

certify number of electors enrolled.... 35 

chairman of, how appointed. 14 

meeting or proceeding of, on Saturday half-holiday legal .. 34 

organization of. 14 

to appoint one of their number chairman. 14 

to fill any vacancy .. 14 

when all vacant, how filled. 14 

to administer oath to applicant for registry on challenge or 

suspicion. 34 ... 

to examine him in such case. 34 

when applicant’s name must be added to list of voters. 34 

when his name shall not be placed on list. 34 

Board of police commissioners, 

appointment of election officers*.. 12 .... 

election districts, creation of. 8 .... 

to correct errors and omissions in ballots. 88 .... 

when upon order of court or justice. 88 .... 

when voluntarily. 88 .... 

to furnish registration blanks to inspectors. 36 .... 

to have ballots and instruction cards in possession for in¬ 
spection .;. 86 .... 

for what length of time. 86 .... 

to provide same for polling places in New York city. 86 .... 

to publish list of nomination of candidates. 61. 

See Publication of Nominations. 

when nominations to be certified to. 60 ,... 

Boundaries, 

of election districts, maps and certificates of. 9 .... 

Boxes for unvoted ballots, 

to be examined, at opening of polls, by inspectors and 

watchers. 100 .... 

to remain locked till closing of polls. 100 

what not to be placed in, during election. 100 

Bribery, 

of elector in military service of United States.. 4i s 155 

c. 

Canandaigua, 

general election law applicable. 185 





































General Index. 


213 


Cancellation, sec. page. 

of names on registry list. 31 .... 

application for, how made. 31 .... 

to whom made. 31 .... 

when made. 31 .... 

where made. 31 .... 

Candidates, 

statement of expenses, failure to file. 41 w 167 

when chosen at primaries by ballot. 52 .... 

Canvass, 

at primary, to be publicly announced by secretary. 55 

by county board, how to be made. 131 .... 

when to be made... 131 .... 

by inspectors, mode of conducting. 110 .... 

by state board. 139 .... 

false, of ballots cast. 41 n 164 

inspectors to show ballots to watchers during, if requested. 110 

how it must be done. 110 .... 

intent of elector. 110 .... 

manner of. 110 

marked ballots to be counted. 110 .... 

method of counting. 110 .... 

mode of procedure, when excess of ballots found in ballot- 

box -... 110 .... 

no adjournment or postponement of, until fully completed 110 .... 

no ballot without official indorsement to be counted. 110 .... 

exceptions thereto. 110 

of votes at primaries. 55 .,.. 

of votes by inspectors ... 110 . .. 

preparation for. 110 

proclamation of result of. 112 .... 

statement of, in cities of first class. .. 110 

delivery to police officer .. ... 110 

preservation of.110, 111 .... 

taken to police station.... 110 

transmission of contents to commanding officer. 110 .... 

statement of, by county board. 134 .... 

contents of... . . 134 .... 

number of. 134 .... 

to be public . 110 .... 

when ballots folded together in ballot-box are to be de¬ 
stroyed . HO • • •. 

when to be made. 110 .... 

Canvassers, 

organization of county boards of. 130 ... 














































214 


General Index. 


Canvassers of election districts, sec. page. 

to continue in office for purpose of mandamus proceedings. 118 ... 

Cards of instruction, 

removal, mutilation or destruction of. 41e 163 

Caucus. 

misdemeanors at. 41 161 

Certificate, 

attached to statement of canvass. Ill .... 

form and execution of. Ill .... 

Certificates, 

corrected, of county boards to be filed. 133 .... 

corrected, of county boards to be in lieu of original. 133 _ 

correction of. 66 .... 

form of, of nomination for ward, town or village office 

(No. 5) . 135 

number of candidates to be placed on, of independent 

nomination/. 57 _ 

of boundaries of election districts in towns. 9 .... 

to be filed in town clerk’s office . 9 .... 

of election. 140 _ 

to be sent to each person elected. 140 .... 

by secretary of state. 140 .... 

of independent nomination may designate persons to fill 

vacancies. 57 .... 

of independent nominations, how made. 57 _ 

to be signed by the voters . 57 .... 

what to contain. 57 .... 

of inspectors to be appended to register. 35 .... 

to be attached to minutes as to challenged persons. 112 .... 

of nomination, form of, by party committee (No. 2). 132 

by party convention (No. 1). 131 

in county or less (No. 4). 134 

under section 57 (No. 3). 133 

misconduct in relation to. 41g 163 

objections to. 65 _ 

at what time to be filed. 65 .... 

by whom determined. 65 

in what office to be filed. 65 .... 

notice of, to be given. 65 .... 

when to be filed. 59 .... 

of nominations, where to be filed. 58 .... 

of nominations, when to be filed. 59 

of party nomination, to be made. 56 

signed by whom. 56 

what to contain. 56 

signature to, of independent nomination need not be ap¬ 
pended to one paper. 57 















































General Index. 215 

Certification, sec. page. 

of nominations. 60 _ 

by secretary of state. 60 .... 

to board of elections. . 60 .... 

to county clerk. 60 .... 

to police commissioners. . 60 .... 

what to contain. 60 

Chairman, 

of county board of canvassers, to bi chosen. 130 .... 

of primary, duties of. 62 .... 

of primary, duties of. 64 _ 

to announce number of votes cast. 62 .... 

result of canvass. 62 .... 

to decide questions relating to qualifications of voters .... 54 .... 

to reject votes, when. 54 ..., 

of primary to sign certificate of party nomination. 56 

with affidavit. 56 

with place of residence. 56 

of primary, when to take oath. 52 _ 

when to file statement, oath and poll-list. 52 ... * 

in what office. 62 

Chill eng©, 

by whom made. 108 .... 

form of general oaths on. 108 .... 

form of preliminary oath to be administered. 108 .... 

how made. 108 .... 

may be made at elections to persons whose names are on 

register. 38 

minutes of, to be filed with county clerk. 117 .... 

when with town, city or village clerk. 117 .... 

oath to be administered to person offering to vote against 

whom challenge is registered. 34 .... 

refusal to take, precludes from voting. 104 _ 

perjury. 34 .... 

questions to be put to challenged persons. 108 - 

record of. 34,108 .... 

to be entered on list of voters. 34 .... 

to be made, how. 34 - 

to be made on oath of elector of district. i... 84 .... 

to be made, when .... 34 - 

to applicants for registry. 34 

by any qualified elector of district. 34 _ 

how made. 34 .... 

oath and examination on challenge. 84 .... 

vote of challenged person to be rejected on refusal to take 
either general oath 


108 





















































216 


General Index. 


Challenge — (Continued ), sac. page. 

when general oath to be administered... 108 

wh( n, may be made. 108 .... 

when vote of challenged person to be rejected... ?.». 108 .... 

Challengers, 

number of. 102 .... 

position outside of guard-rail .....’. 102 .... 

during what time. 102 .... 


City, 

when election expenses a charge upon. 18 .... 

City clerk, 

form of poster or list of candidates to be sent by (No. 6 ). 186 

form of receipt of, for official ballots (No. 14). 138 

form of receipt of inspectors to, for official ballots (No. 15). 139 

to correct errors and omissions in ballots. 88 .... 

when upon order of court or justice. 88 .... 

when ^luntarily. 88 .... 

to furnish blank books for registering, etc. 36 .... 

to give receipt for packages of ballots, etc. 87 .... 

to provide and deliver ballots, etc., when . 87 .... 

to take and file receipts therefor. 87 .... 

to publish list of nominations of candidates. 61 .... 

See Publication of Nominations. 

Closing, 

polls, times of. 3 .... 

Committees, 

political.. ' .... I 

Comptroller, 

copy of statement of county board to be sent to. 137 .... 

by whom. 137 .... 

when. 137 .... 

within what time. 137 .... 

state, is member of state board. 138 .... 

to deliver copy of statement of county board to secretary of 
state. 137 .... 

Conduct, 

of primary..'. 62 .... 

Congressional, 

apportionment law. 168 


Congressional office, 

form of party committee certificate of nomination for (No. 2 ) .... 132 

f orm of party convention certificate of nomination for (No. 1) .... 131 




























General Index. 


217 


Consideration, sec. page. 

giving, for franchise... 41p 164 

receiving, for franchise. 41q 165 

Constable, 

to execute inspector’s order of arrest. 10 .... 

Constitution, 

provisions applicable. . . 170 

Constitutional amendment, 

form of official ballot for. 83 ... • 

notice of submission of. 6 •... 

publication of. 7 .... 

how and where made. 7 .... 

Convention, - 

definition of. 50 .... 

enrollment for. .... I 

misdemeanors at. 41 161 

Conviction, 

of infamous crime, voting after. 411 164 

Copies, 

certified, of register to be made by inspectors. 85 .... 

one copy to be posted by them. 35 .... 

other copies to be retained, one by each of inspectors 

other than chairman. 35 .... 

original and copies to be open for examination and 
making copies. 35 .... 


Correction, 

of clerical errors in election district statements. 132 

of errors and omissions in ballots. 88 

by whom. 88 

order for. .. 88 

upon whose application. 88 

of errors by county board, mandamus for. 133 

mode of procedure on. 133 


Corrupt use, 

of position or authority 


41v 166 


Counties, 

form of certificate of nomination in (No. 4). 134 

when election expenses a charge upon.. 18 .... 

28 





























238 


General Index. 


County board, sec. pack 

adjournment of... 130 

adjournment of. 131 

adjournment of.. . 132 

copies of statement of, to be sent to secretary of state, etc.. 137 

by whom to be done. 137 

when. 137 

within what time. 137 ... 

corrected certificates of, to be in lieu of originals. 134 

corrected statements and certificates of, to be filed. 134 

corrected statements of, to be in lieu of originals. 134 

county clerk to act as secretary. 130 

decision of, as to adoption or rejection of propositions, etc. 136 

decisions of, as to persons elected. 136 

mode of procedure for Fulton and Hamilton counties.. 136 

to what offices. 136 

deputy county clerk to be secretary of, when. 130 

majority of, to constitute quorum. 130 

mandamus for correction of errors by. 133 

mode of procedure on. 133 

meeting of, to correct errors, deemed continuance of regular 

session. 133 

members to take oath. 180 

new statements, transmission of. 134 

of canvassers, organization of. 130 

production of election district statements before,. 131 

by whom. 131 

mode of. 131 

when. 131 

statements of canvass by. 135 

contents of.„. 135 

member of. 135 ... 

to canvass votes cast in county... 131 

exceptions thereto. 131 

when. 131 

to certify and file statements of canvass. 135 

of canvassers, to choose one of their number chairman_ 130 

to count marked ballots unless otherwise ordered. 135 

what statement to be added. 135 

to file and record determinations with county clerk. 136 

to reduce to writing and sign determinations . 136 

to send back statement for correction of clerical errors or 

omissions . 132 

of canvassers, when and where to meet. 130 

of canvassers, who to constitute. 130 

County clerks, 

compensation for election services. 18 

how fixed. 18 ... 














































General Index, 219 

County clerks — (Confirmed), sec. page. 

election laws, transmission of. 19 .... 

form of list of nominations to be published by (No. 7).. .... 136 

form of poster or list of candidates to be sent by (No. 6). 136 

form of receipt from town or city clerk to, for official bal¬ 
lots (No. 14). 138 

lists for town clerks and aldermen. 62 .... 

nominations to be certified to. 60 _ 

to be secretary to county board of canvassers. 130 

to distribute ballots and instruction cards. 87 .... 

in separate sealed packages. . 87 

how marked. 87 .... 

in what condition. 87 .... 

to whom.*.. 87 .... 

to correct errors and omissions in ballots. 88 .... 

when upon order of court or justice. 88 .... 

when voluntarily. 88 .... 

to deliver statements of canvass to county board. 131 .... 

to file and record notices of election. 5 .... 

to file and record notice of submission of constitutional 

amendment, etc. 6 .... 

to file receipts for packages of ballots, etc. 87 .... 

to furnish blank registry books, certificates and instructions 

to city and town clerks. 36 .... 

number of. 36 .... 

when. 36 .... 

to have ballots and instruction cards, etc., in possession for 

inspection. 86 .... 

for what length of time. 86 .... 

to make and send certified copy of determination of county 

board to each elected person. 136 .... 

to provide printed ballots and instruction cards, etc. 86 .... 

to publish determinations of county board. 136 .... 

lists of nominations of candidates. 61 .... 

See Publication of Nominations. 
to receive copy of constitutional amendment in notice of 

election .. 6 .... 

to receive notice of election from secretary of state. 5 .... 

to send certified copy of official canvass to secretary of state, 137 .... 

within what time.... 187 .... 

to send copy of election laws to each town, village and city 

clerk, and inspector, in his county. 19 .... 

to send list of names of persons elected to certain offices to 

secretary of state.> • • • 137 .... 

within what time. 137 .... 

to send printed list of nominations to town clerk and aider- 

man . 68 .... 









































220 


General Index. 


Creation, 8EO * PAGE. 

of election districts. 9 

when to take effect. 8 • ♦ • • 

D. 

Date, 

of general election. 2 .... 

Davis, 

automatic ballot machine..-. 194-197 

Death, 

of person elected to office... 4 .... 

Declination, 

of nomination. ... 64 .... 

form of (No. 9). .... 137 

in what manner made. 64 — . 

to what officer. 64 .... 

when to be made.\,. 64 .... 

Delegate, 

when chosen at primaries by ballot. 52 .... 

Deputy county clerk, 

when to be secretary of county board of canvassers. 130 .... 

Designation, 

of places for registering and voting. 10 .... 

subsequent, when may be made. 10 .... 

Destruction, 

of election supplies, poll-lists or cards of instruction. 41e 162 

of registry list. 41b 162 

Detached stubs, 

packages of, filing of. 113 .... 

preservation of. 113 

Determination, 

of county boards as to adoption or rejection of propositions, 

etc. 135 .... 

of county boards as to persons elected. 136 .... 

mode of procedure in Fulton and Hamilton counties... 136 .... 

to what offices. 186 .... 

of county board to be filed and recorded with county clerk. 136 

of county board to be reduced to writing and signed. 136 .... 

of objections to certificate of nomination. 65 .... 

by whom made. 65 .... 

upon what notice. 65 .... 

within what time. 65 .... 
































General Index. 


Disqualification, SK0 . 

of person elected to office. 4 

Dissent, 

by member of state board... 139 

form of. 139 

to be delivered to and filed and recorded by secretary of 

state .. 139 

Distance markers, 

distribution of . 87 

provision of. 86 

placing of. 100 

Districts, 

creation, division and alteration of. 8 

Division, 

of election districts.. ; . 8 

when to take effect. 8 

Duress, 

of voters. 41t 

E. 

Election, 

adjournment of, after polls are open. 3 

for which official ballots shall be provided. 80 

intermission of, after polls are open. 3 

notices of, by secretary of state..* 5 

notices of, to be filed and recorded by county clerk. 5 

times of opening polls of. 3 

times of closing polls of. 3 

Election districts, 

creation, division and alteration of. 8 

definition of. 8 

in town including cities. 8 

maps and certificates of boundaries of. 9 

number of voters in... 8 

what are deemed, of town. . 8 

when new town or ward shall not be divided into election 
districts. 8 

Electioneering, 

no, while polls are open... 102 

within what distance. 102 

Election expenses, 

payment of. 18 

what constitutes. 18 

when charge on city, town or village. 18 






































222 


General Index. 


Election, general, sec. page. 

date of. 2 - 

filling vacancies in elective offices at. 4 .... 


Election laws, 

transmission of, to clerks and election officers. 19 

when and number of copies. 19 .... 

violation of, by public officer. 41 j 163 

Election officers, 

blank forms for . 84 .... 

designation, number, qualification and appointment of.. 11, 12, 13 .... 

general duties of, as to balloting. 103 .... 

how, and by whom appointed. 12 .... 

in towns. 12 .... 

jury duty, exemption from. *... 12 .... 

misconduct of... 41i 163 

misdemeanor. 12 .... 

removal of. 12 .... 

transfer of. 12 .... 

vacancies, supplying. 13,14 .... 


Election papers, 

delivery and filing of. . 113 .... 

Elective offices, 

filling vacancies in, at general and special elections. 4 .... 

Election, special, 

filling vacancies in elective offices at. 4 .... 

how called, to fill vacancies. 4 .... 

when not held as required by law. 4 .... 

when not to be held to fill vacancy. 4 ... 

Election supplies, 

removal, mutilation or destruction of .. 41e 162 

Elections, 

misdemeanor in relation to. 41k 163 

refusal to permit employes to attend. 41f 162 

Electoral college, 

meeting and organization of. 162 

when held. 162 _ 

0 

Electors, 

compensation of. 167 

how audited and paid. 167 

































Genek.il Index. 


223 


Electors — (Continued ), 

of president and vice-president, \*hen and how chosen 

to furnish other lists of persons voted for. 

to make lists of persons voted for. 

how certified. 

what to contain. 

secretary of state to furnish list of electors 

vote of, for president and vice-president. 

to be taken by ballot. 

form of ballot. 


SKC. PAOE. 
161 .... 
166 .... 
164 
164 
164 

163 .... 

164 

164 .... 

164 .... 


Emblems. 

choice of. 

Employes, 

allowance of time for, to vote. 

for what length of time. 

may be designated by employer. 

no deduction in salary to be made.... 
no penalty to be imposed. 

refusal to permit, to attend election. 

Enrollment, 

for political parties, etc. 

Entertainment, 

furnishing, to induce attendance at polls 


66 , 57 .... 


109 

109 

109 

109 .... 

109 .... 

41f 162 

> •. • X 

41o 164 


Errors, 

correction of, in ballots, how made. 88 .... 

clerical, correction of, in election district statements. 132 .... 

mandamus for correction of, by county board. 133 .... 

mode of procedure on. 133 .... 


Examination, 

oath taken at primary to be open to. 

of applicant for registry on challenge. 

of register and certified copy thereof. 

poll-lists kept at primary to be open to. 

statement of result of primary to be open to 


52 

34 

32 

52 

52 



• • • • 


Expenses, 

failure to file candidate’s statement of. 41 w 167 

F. 

Failure, 

to file candidate’s statement of expenses. 41w 167 

False canvass, 

of ballots cast. 41w 167 


41a 162 


False registration 



































00 4 

S Sj± 


General Index. 


False statement, 

or result of canvass. 

» * 

Felony, 

* 

illegal or double registry a. 

marking ballot. 

tearing or defacing ballot.. 

Fiatbush, 

election districts...., 

Flat lands, 

election districts. 

Folding, 

of official ballot, mode of. 

when and where done. 

A 

Franchise, 

giving consideration for... ..... 
receiving consideration for.. ... 

Furniture, 

for places of registry and voting 


G. 

General election, 

date of. 

filling vacancies in elective offices at 


PAQB. 

164 

• • « • 

• • • • 

• • • • 

188 

188 

• • • • 

106 .... 

41p 164 
41q 165 

10 .... 

2 .... 
4 .... 


8EC. 

41n 


S3 

110 

110 


106 


Governor, 

copy or statement of county board to be sent to. 137 .... 

by whom. 137 .... 

when. 137 

within what time. 137 .... 

to deliver copy of statement of county board to secretary of 

state.. 137 _ 

to order special elections.;.. 4 

Greater New York.... 122-1 

.... 122-4 

Guard-rail, 

at each polling place. 17 

boxes and official ballots to be kept within, during election. 101 

challengers to remain just outside of. 102 

construction and location of. 17 

•*••••• * I •••• 

voter cannot pass, but once, to vote. 106 

voters may enter within, to vote. 103 

in what number at one time. 103 

what ballots to be delivered to voter within . 103 

who to be admitted within, during election. 101 






























General Index. 


225 


H. 

House-dwellers, sec. page. 

refusal of, to answer inquiries. 41d 162 

I. 

Identification, 

judicial investigation of ballots objected to as marked for.. 114 .... 

procedure during canvass where ballot, etc., is believed to 
be marked for. 110 .... 

Illiterate voter, 

assistance to. 104 .... 

Independent nominations, 

mode of making. . 57 .... 

number of voters required to make. 57 .... 

signatures to certificate of, need not all be appended to one 

paper. 57 - 

to be made by certificate. 57 .... 

See Certificate . 

what are. 57 ... 

Indorsement, 

on official ballots. 81 .... 

for excise commissioners. 81 _ 

for town. 81 .... 

Infamous crime, 

voting after conviction of. 411 164 

Inhabitant, 

of another state or country, voting by. 41m 164 

Inspectors of election, 

must take oath of office. 15 .... 

appointment of. 12 

appointment of, in cities... 12 _ 

appointment of additional. 188 

canvass of votes by. 110 _ 

compensation for filing papers. 18 - 

compensation of. 18 

delivery and filing of papers. 117 _ 

designation of. 11 

duties of, as to challenging. 108 _ 

duties of, at opening of polls. 100 .... 

duty of, during canvass, where ballot, etc., is believed to be 

marked for identification. ... 110 .... 

duty of town. 131 

election of. 132 


29 































General Index. 


220 

Inspectors of election — (Continued), sec. page. 

eligibility. . 133 

form of oath of office for (No. 18)..138,141 

form of receipt of, for official ballots (No. 14). 139 

general duties of, in connection with the balloting. 103 - 

in cities, term of office. 12 - 

includes inspectors appointed to fill vacancies. 12 

in counties of more than 600,000 inhabitants.132,133 

may appoint electors to assist in preserving order, etc- 15 .... 

may direct sheriff or constable to arrest for disorderly con¬ 
duct in their presence or hearing. . 15 .... 

meeting of, for registry. 30 .... 

number of. 30 .... 

time of holding. .... 30 .... 

meetings, public. 15 .... 

time of opening and closing. 30 .... 

not more than two for one district, to belong to same politi¬ 
cal party. 11 _ 

not to alter, in correcting statement, their decision. 132 .... 

number of. 11 .... 

one of, to make proclamation of opening of polls. 100 _ 

one of, to announce hour for closing polls. 100 _ 

position of, within inclosed space. 100 .... 

power to preserve order. 15 

power to prevent and suppress riots, etc. 15 .... 

preservation of order by, at elections. 15 

qualification of. 11 .... 

shall not be absent from meetings for registration. 30 .... 

return and statement of canvass. 84 .... 

term of office of. 134 

to append certificate to register. 33 _ 

to appoint ballot and poll clerks..*. 12 _ 

mode of appointment. 12 .... 

when. 12 _ 

to attach official ballot to statement of canvass. Ill 

to attach other ballots thereto. Ill 

to continue in office for purpose of mandamus proceedings. 114 .... 

to correct clerical errors or omissions in statement on return 

thereof. 132 _ 

to deliver certified statement to supervisor. 113 

when to assessor. . 113 

to deliver copy of election laws to successor.. 19 

to examine challenged person. 108 

to file certified copy of original statement with county 

clerk. 113 

to file certified copy of original statement with town or city 
clerk. 118 












































General Index. 


227 


Inspectors of election — (Continued), 

to file minutes of challenges and assisted voters with county 
clerk. 

to file packages of detached stubs with county clerk. . 

with board of police commissioners in New York city.. 

to file packages of unvoted ballots with county clerk. 

to file poll-list, register and three certified copies thereof 

with town or city clerk. 

to file tally sheet.... 

to give receipt for packages of ballots, etc. 

to keep minutes of challenged persons. 

to make and attach certificate thereto. 

form of. . 

to make and certify original statement of canvass. 

manner of making same. 

preservation of. 

what to contain. 

when to be made. 

to make certified copies of original statement of canvass, 

when. 

to make proclamation of result of canvass. 

mode of making... 

what to contain.. 

when to be made. 

to point out to challenged person, deficient qualifications .. 
to prepare, at meetings for registry, a register of voters.... 

mode of arrangement. 

of preparation. . 

to show ballots, during canvass, to watchers, if requested.. 

how it must be done. 

town. 

vacancies, how filled.,. 

in office of, after opening of polls, how filled. 

when appointed on division of town or ward into election 

districts . 

when election of, after division of town or ward into elec¬ 
tion districts... 

when may depute person to execute order of arrest. 

how made. 

when to cause use of unofficial ballots.. 

who deemed to be, of an election district. 


SEC. PACE. 


113 

113 

113 

113 

117 

113 

87 

108 

108 

108 

111 

111 

111 

111 

111 


111 
112 
112 
112 
112 
108 
32 
32 
32 
110 
110 
• • • 
127 
14 


123 


8 


8 

15 

15 

89 

100 


Instruction cards, 

not to be taken down, torn or defaced during election. 100 

number of, to be provided. 84 

what to contain. 83 

to be posted, at opening of polls, in voting booths. 100 

number in each. 100 






































22 S 


General Index. 


Instructions for registry, sec. page. 

to be furnished by secretary of state to county clerk. 38 

by county clerk to board of inspectors. 36 .... 

Intent ot electors... HO . . *. 

rules for ascertaining on canvass. 110 .... 

Intermission, 

of election, after polls are open. 3 .... 

Intimidation, 

of elector in military service ot United States. 41s 166 

of voters. 41t 166 

Intoxicating liquors, 

no sale of, in room for registry or voting, or adjoining thereto. 10 .... 

within sixty days before designation. 10 _ 

prohibited after designation.;.. 10 .... 

Investigation, 

judicial, of ballots objected to as marked for identification. 114 .... 

judicial, of ballots. 114 .... 


J. 

Judicial office, 

form of party committee certificate of nomination for (No. 2). 132 

form of party convention certificate of nomination for (No. 1). .... 181 


L. 

Lansingburgh, 

appointment of inspectors, etc. ,in..... 183 

Laws repealed by chap. 680 of 1892..... •••••••••••• 168 .... 

Legislative, 

apportionment law. 172 

List, 

for town clerks and aldermen. 62 .... 

form of, of candidates to be sent to town clerk, etc. (No. 6). .... 136 

form of, of nominations to be posted (No. 8). 13$ 

form of, of nominations to be published (No. 7). 136 

Loss, 

of registry list. 41b 162 



















General Index. 


229 


M. 

Mandamus, skc. page. 

certain officers to continue in office for purpose of. 114 .... 

for correction of errors by county boards. 133 .... 

mode of procedure on. 133 _ 

may issue, in case of marked ballots. 114 .... 

at whose instance. 114 

to what officer. 114 .... 

within what time. 114 .... 

to compel canvass. 134 .... 

Manner* 

of voting. 106 .... 

Maps, 

of boundaries of election districts of ward. 9 .... 

to be made. 9 

to be open for inspection. 9 .... 

to be posted... 9 .... 

Marked ballot, 

to be counted by county board, unless otherwise ordered... 134 .... 

what statement to be added. 134 _ 

to be indorsed... ... 110 .... 

with what words. 110 .... 

Mayor of Albany, 

when to form part of state board. 138 .... 

Meetings, 

for registry on Saturday half-holiday.. 84 

of inspectors for registry . 80 

number of. 30 .... 

times of holding. 30 .... 

times of opening and closing. 80 - 

Members of Assembly, 

apportionment of. 178 

when special election not to be held to fill vacancies in office 
of. 4 

Messenger, 

appointment of. 165 .... 

duties of.. • • 165 .... 

Military service, 

bribery of elector in, of United States. 41s 166 

intimidation of elector in, of United States. 41s 166 



































230 


General Index. 


Minutes, SEC. paqe. 

as to persons challenged. 108 .... 

certificate of inspectors thereto. 108 - 

contents of. 108 

of challenges, to be filed with county clerk. 117 .... 

when to be filed with town, city or village clerk. 117 

Misconduct, 

in relation to certificates of nomination. 41g 162 

in relation to official ballots. 41g If 2 

of election officers . 41i 163 

of members or clerk of registry board. 41c 162 

of watchers. 41i 163 

Misdemeanor, 

at political caucuses and conventions. 41 161 

election officers. 12 _ 

in relation to elections. 41k 163 

Money, 

furnishing, to induce attendance at polls. 41o 164 

Mutilation, 

of election supplies, poll-lists or oar is of instruction. 41e 162 

of registry list. 41b 162 

Myers automatic ballot machine . . .. 189-198 19i 

N. 

Nanus, 

on registry list, addition and cancellation of. 33 .... 

Naturalization papers, 

production of, to registry board. 34 

Neglect, 

to deliver official ballots. 41h jgj 

New Utrecht, 

election districts. Igg 

New York, 

times of opening and closing polls .. 3 


























General Index. 231 

Nomination, sec. page. 

certificate of, by secretary of state. 60 ... 

declination of. 64 _ 

in what manner made. 64 .... 

to what officer. 64 

when to be made. 64 _ 

filling vacancies in. 66 _ 

by whom. 66 

in what manner. 66 _ 

what certificate to contain . 66 .... 

to be executed and sworn to. 66 .... 

when to be filed. 66 _ 

where to be filed. 66 _ 

form of certificate of, for ward, town or village (No. 5). 135 

form of declination of (No. 9).... 137 

form of list of, to be posted (No. 8). 137 

form of list of, to be published (No. 7). 133 

independent. 57 

objections to certificates of, to be filed. 65 

at what time. 65 .... 

in what office. . 65 .... 

notice of, to be given. 65 .... 

party. 56 .... 

places of filing certificates of. 58 .... 

printed list of, to be posted. 63 .... 

by whom. 63 .... 

for what length of time. 63 .... 

in what manner. 63 .... 

what to contain. 63 

where. 63 .... 

publication of. 61 .... 

by whom . 61 .... 

for what length of time. 61 .... 

in what manner. 61 .... 

what to contain. 61 .... 

times of filing certificates of. 59 

town, posting of. 63 

by whom. 63 .... 

for what length of time . 63 

in what manner. 63 .... 

what to contain. 63 - 

village, posting of. 63 - 

by whom. 63 .... 

for what length of time. 63 .... 

in what manner. 63 

what to contain. 63 .... 

where certificates of, to be filed. 58 .... 

when certificates of, to be filed. 59 .... 
























































General Index. 


2.32 


Notices, SKC. PAGE 

of declination of nomination. 64 ... 

by whom given .. 64 ... 

how given.,. 64 ... 

to whom given . 64 ... 

of elections by secretary of state. 5 

of election, to be filed and recorded by county clerk. 5 

of election, what to contain. 5 ... 

of filing objections to certificate of nomination . 65 

by whom given. 65 

in what manner given. 65 

to whom given. . . 65 

of primary, how given. 51 ... 

when to be posted. 51 ... 

when to be published.. 51 

time and manner. 51 

of submission of proposed constitutional amendment or 
other proposition. 6 


o. 

Oaths, 


ballot clerk must take. 

form of, in case of physical disability (No. 15). 

to be administered to applicant for registry. 

may be put to challenged voter at primary. 

must be administered to applicant for registry on challenge 

necessary to procure aid in preparing ballot. 

contents of. . 

of appointed or designated inspectors.. . 

to be filed, where and when. . 

to be taken by ballot clerks... 

by canvassers. 

of office to be taken by inspectors. 

by poll-clerks. .... 

by registrar. 

official.. 

penalty for failure to take and file .. 

poll-clerk must take... 

to be administered at election to person against whom chal¬ 
lenge is registered. 

refusal to take, precludes from voting. 

to be administered to chairman of county board of can¬ 
vassers . . 

to be administered to members of county board of can¬ 
vassers . . 

to bo administered to secretary cr county board of can¬ 
vassers ... 

town inspectors.. . 


13, 14 


54 

34 

104 

104 

14 

13 

13 

13 

13 

13 

13 


13, 14 

34 

104 

180 

130 

130 


139 


3 


134 



















































General Index. 233 

Objections, sac, pagb. 

to certificates of nomination. 65 .... 

to be filed. 65 _ 

when. 65 _ 

where. 65 _ 

to be in writing. 65 .... 

Offices, elective, 

filling vacancies in, at general and special elections. 4 .... 

Officers, 

of primaries, when chosen by ballot. 52 .... 

qualifications for holding. 123 

Official ballots, 

all delivered together to one voter to have same printed 

number on stubs. 104 .... 

correction of errors and omissions in. 88 .... 

by whom. 88 _ 

order for. 88 .... 

delivery of, to electors..'. 104 _ 

disposition of, after canvass. Ill _ 

distribution of, to polling places. 87 .... 

by whom. 87 .... 

in separate sealed packages. 87 .... 

in what condition. 87 .... 

to whom. 87 .... 

elections for which, shall be provided. 80 .... 

form of, for candidates for office. 81 .... 

kind of type.,.. . 81 .... 

quality and tint of ink. 81 .... 

quality and tint of paper. 81 .... 

size of . . 81 - 

form of, for constitutional amendments. 83 - 

form of, for submission of proposition or question. 83 ... 

how different terms of same office to be designated on. 81 

how full term and vacancy in congressional district desig¬ 
nated on. SI 

indorsements on. 81 .... 

in what shape to be delivered to voter. 104 - 

judicial investigation of. 114 .... 

how made. 114 .... 

may be returned to ballot clerks before voting .. 105 - 

may be subsequently procured, second set of. 105 - 

but not more than three sets in all. 105 - 

misconduct in relation to.. 41g 162 

mode of arrangement of names on. 81 - 

mode of folding.104,106 - 

✓ 


30 



















































234 


General Index- 


Official ballots — ( Continued ), 


SEC. PAGE 


mode of procedure, when one of, spoiled . 105 

must be returned by voter before passing outside of guard¬ 
rail . . 106 

name of candidate, declining nomination, not to be placed 

on. 64 

names of candidates on. 81 

names of officers and candidates on. 81 

neglect or refusal to deliver. 41b 

no portion of a full set of, to be delivered to voter. 103 

not more than three sets of, to be delivered to voter. 104 

not to be folded outside of voting booth. 106 

number of, for each polling place. 85 

official distribution of substitutes for, missing. 89 

in what cases to be done . 89 

upon what proof. 89 

preparation of, for voting. 105 

preservation of, after canvass. Ill 

split, how voted.81, 105 

straight, how voted.81, 105 ' 

to be delivered to voters in numerical order. 104 

to be provided at public expense. 80 

what marks render void. 81 

when and where to be folded. 106 

when no nomination made . 81 

when voter entitled to assistance in preparing. 104 

where name to be written on.«,. 105 

who to provide. 86 


62 


Omissions, 

correction of, in ballots. 88 

correction of, in election district statements. 132 

mode of making. 132 

Opening, 

polls, times of. 3, 100 

Order, 

preservation of, by inspectors at elections. 15 

at their meetings. 15 

Organization, 

of county boards of canvassers. 130 

of primary. 52 

of state board of canvassers. 138 

See State Board. 

Original statement, 

of canvass. Ill 











































General Index. 


235 


P. 

Pardon 


SEC. 


Party, 

how to be designated in certificate of independent nomina¬ 
tion . 57 

to be designated in certificate of nomination in not more 
than five words... 56 

Party nominations, 

what are..... . 56 

Pasters, 

description of.,. 63 

duty of ballot clerks in regard to. 66 

number to be furnished. 66 

to be delivered to ballot clerks by inspectors. 66 

to be official ballot. 66 

to be receipted for. 66 

use of, when felony. 66 

what to contain. 66 

when to be used. 66 

who to furnish. 66 

Payment, 

of election expenses. 18 

Perforated lino, 

on official ballot. 81 

Places for registry, 

designation of. 10 

furniture for. 10 


Places for voting, 

designation of 
furniture for . 


Police commissioners — See Board of Police Commissioner8. 
Political assessments. ... 


41u 

41v 


Poll-books, 

delivery of previous to inspectors 


86 


PAGE. 

134 


• • • • 

• • • • 


• •it 


• • • • 

• • • • 

• •it 

• • • • 


' • • • 


166 

* • • • 





























236 


General Index. 


Poll clerks, SEC. PAGE. 

appointment of. 11,12 .... 

by whom. 12 .... 

compensation of. 18 .... 

designation of.<..... 11 - 

form of oath of office of (No. 12).,. 138 

general duties of. 103 - 

number of. 11 ... 

oath of office. 13 ... 

position of, within inclosed space. . 100 .... 

qualifications of . 12 .... 

term of office of. 11 .... 

to be present at opening of polls. 100 

to fill vacancy, to take oath of office. 14 ... 

to have poll-list book present at opening of polls. 100 .... 

vacancies, how filled. 14 .... 


Poll-lists, 

certified copy of previous, to be delivered to inspector of 


new election district ..... 36 

how kept. 103 

previous, to be delivered to inspectors. 36 

removal, mutilation or destruction of. 41e 

to be delivered to board of inspectors. 36 

to be filed with town or city clerk. 113 

when with village clerk. 113 


162 


• # • • 

• • • • 


Polling places, 

arrangement of. 10 .... 

diagram of. 160 

not more than one, in same room. 10 .... 


Polls, 

opening of. 100 

at what place. 100 

what to be provided..... 100 

who to be present at. 100 

times of closing of. 8 

opening of.... 3 


Position, 

corrupt use of.. 41 v 166 

Poster, 

form of, of candidates, to be sent to town clerk, etc. (No. 6) .... 136 









































General Index. 


287 


Primary, 

canvass of votes at. 

8 O v jo,. . 

chairman and other officers, when to take oath. 

candidates, delegates and officers of, when to be chosen by 

ballot..... 

definition of/......;.. i. *»* a .». ,.,. 

duties of chairman at.. 

enrollment for. ... 

meeting of, when to be held open for voting not less than 

one hour... 

notice of, how made. 

organization and conduct of.. ... 

qualifications of voters at. 

secretary to announce result of canvass. 

tellers, when to be appointed at. 

to be organized by appointment of chairman and secretary. 

watchers at, rights of. 

watchers, when to be appointed at. 

when additional requirements to be complied with. 

when to be opened... ... 


SEC. 

55 

52 

52 

52 

54 


PAGE. 


52 

51 

52 

53 
55 
52 
52 
55 
52 
52 
51 


• • • • 

• • • • 


Proclamation, 

of opening and closing polls. 

of result of canvass. 

how to be made. 

when to be made. .... 

of special election by governor.... 
of special election, to be published 
when and how long. 


100 

112 .... 

112 .... 

112 .... 

4 .... 


Proposition, 

notice of submission of, to vote 

publication of. 

how and when made. 


6 

7 

7 


• • • % 

• • • » 

4 • • » 


Prosecution, 

testimony upon 


41r 165 


Protest, 

by member of state board... 

form of. 

to be delivered to and filed and recorded by secretary of 
state . .... 


138 

138 


• • • m> 

• • • e* 


138 


• • # 


» rt C < c O C 6 C < 

Public officers, 

O <s C. . < ^ 

violation of election law by 


41j 163 

































General Index. 



y > *y \ > 

Publication, sec. paghc. 

."<> - - , , , - . _ 

of boundaries of election districts. 9 .... 

of concurrent resolutions. 7 .... 

of nominations. 61 .... 

by whom. 61 .... 

for what length of time. . .,,.. 61 .... 

in what manner.. ... 61 .... 

what to contain. 61 .... 

of proposed constitutional amendments. 7 .... 

of propositions to be submitted. 7 .... 

> > - of registry and polling places.. 10 .... 

■> O 7 O ' 

v ? j -i > J .") ) » m ■ o t ■» t • *■>>> o - . , 

Public instruction, 

annual meetings and elections ..... ....." 187 


Public records, 

.» papers of primary to be... 

*»»»* ; >»»•.„ .» 

a 

Qualifications, 

of voters at primaries. 

*,, for holding office... .. 

> • 9 

****** *•••>«. ; ■> , , . . , , , „ , , 

Quorum, 

^ ^ .3 .1 A $ > J ,) ) > ij j y . 

majority of county board of canvassers to constitute. 

of state board of canvassers.. 

° J 3 * —• - *-» > » * " > V 3 > * ... o 

any three officers of, to constitute.. 

9 * 5 * ^ ■» o * ? •» •> t, ,> j j, s> c ■> * j a 

R. 

Receipts, 

for packages of ballots, etc., to be given by inspectors. 

to be filed with clerk. 

to specify number and kind of package. 

■e *) i 5 j j j 

for packages of ballots to be given by town and city clerks. 

to be filed with county clerk. 

to specify number and kind of package. 

: ' l ' \ 

Record, 

of challenges. 

Recorder of Albany, 

+> ‘ ■> ■ 3 

when to form part of state board.. 

Refusal, 

of house-dwellers to answer inquiries.,. 

to deliver official ballots. 

to permit employes to attend election. 


62 ....’ 


63 .... 

.... 131 


130 .... 
138 .... 
138 ... 


87 ... 

87 ... 

87 ... 

87 ... 

87 ... 

87 ... 


34 ... 


138 .... 


41d 162 
41h 163 
41f 162 


































General Index. 


^39 

Register, skc. page. 

certified copies of previous, to be delivered to inspectors of 

new election district. 36 .... 

certified copies of, to be made by inspectors. 85 .... 

one copy to be posted by them. 35 .... 

other copies to be retained, one by each of inspectors other 

than chairman. 35 .... 

original and copies to be accessible for examination and 

making copies thereof. 35 .... 

previous, to be delivered to inspectors. 36 .... 

to be certified by inspectors. 35 ... 

to be filed with town or city clerk. 113 .... 

when with village clerk. 113 .... 

to remain in custody of chairman of inspectors, until close of 

polls on election day. 35 .... 

three certified copies of, to be filed with town or city clerk. 113 - 

when with village clerk. 113 .... 

of voters. 32 .... 

mode of arrangement. 33 .... 

preparing... 33 .... 

delivery of. 36 .... 

quadruplicate. 32 .... 

where filed after canvass . 35 .... 

Registry books, 

to be prepared by secretary of state. 36 .... 

to be transmitted to county clerk. 36 .... 

number of. 86 .... 

Registry certificates, 

to be furnished by secretary of state to county clerk . 36 .... 

to be furnished by county clerk to board of inspectors. 86 .... 

Registration, 

delivery of blank books, etc., for. 82 .... 

method of. 83 .... 

Registry, 

addition and cancellation of names on. 31 .... 

application to add to or strike from list, how made . 31 .... 

to whom made. 31 .... 

when made. 31 .... 

where made. ... 31 

as condition of voting. 104 .... 

challenges to applicants for. 34 . v ... 

false. 41a 162 

meeting for revision of. 30 .... 

meetings for, on Saturday half-holidays. 34 .... 











































240 


General Index. 


Registry — (Continued'), SE C- page. 

meetings of inspectors for.... 30 - 

number of...-. 30 .... 

times of holding. 30 .... 

times of opening and closing . 30 - 

method of registration. 33 - 

naturalization papers. 34 

of challenges. 34 .... 

to be made how. 34 - 

to be made on oath of elector of district. 34 .... 

to be made when. 34 .... 

places for, designation of. 10 .... 

furniture for. 10 .... 

publication of places for holding. 10 .... 

quadruplicate register. 32 .... 

qualification of voters for. 127 

Registry lists, 

mutilation, destruction or loss of. 41b 162 

Registry officers, 

misconduct of. 41c 162 

Removal, 

of election supplies, poll-lists or cards of instruction. 41 e 162 

Report, 

of assisted and challenged electors. 84 .... 

Representatives, 

in congress, when and how chosen. 160 .... 

resignation of, how effected. 160 .... 

vacancy in office of, how notice of, given to secretary of 

state. 160 .... 

Representative in congress, 

when special election not to be held to fill vacancies in office 
of. . 4 _ 

Residence, 

changes in, in same district, how made.. 34 .... 

Resolutions, 

publication of. 7 .... 

how and where made. .... 7 .... 

Rochester, 

inspectors of election in. 177 




































General Index. 241 

Boom, sec. page. 

for registry and voting. 10 

accommodation. 10 

designation. 10 

location . ... 10 .... 

size. 10 _ 

S. 

Sample ballots, 

correction of errors and omissions in. 88 .... 

by whom. 88 .... 

order for. 88 .... 

distribution of. 87 .... 

form of. 83 .... 

number of, to be provided. 83 .... 

when voter may take, in voting booth. 104 .... 

who to provide. 86 .... 

Saturday half-holiday, 

meetings for registry on. 34 .... 

School commissioners, 

record of election to be made in secretary of state’s office .. 140 

Secretary, 

of county board of canvassers, to take oath. 130 .... 

of county board of canvassers, who to be. 130 .... 

of primary, to announce vote and result of canvass... 55 .... 

of primary, to sign certificate of party nomination. 56 .... 

with affidavit. 56 .... 

place of residence. 56 .... 

of primary, with tellers, to examine ballot-boxes. 55 .... 

Secretary of state, 

copy of statement of county boards to be sent to. 137 .... 

by whom to be done. 137 .... 

when. 137 .... 

within what time. 137 .... 

duty of, as to constitutional amendment. 6 .... 

duty of, as to publication of proposed constitutional amend¬ 
ments, etc. 7 .... 

duty of, in preparing and sending blank registry books, 

certificates and instructions to county clerk. 36 .... 

duty of, when vacancies in nominations have been filled... 66 .... 

election law, compilation and transmission of. 19 .... 

is member of state board. 138 .... 

notices of elections by . 5 .... 

81 











































242 


General Index- 


Secretary of State — ( Continued ), skc. paoe 

to appoint meeting of state board ... 138 

at what place.-... 138 

at what time. 138 

to certify nominations. 60 ... 

to furnish electoral college with lists of electors, etc. 163 

how certified. 163 

when . ... 163 

to make and send certified copy of statement of state board 

to each elected person. 140 

to make and send general certificate of election to house of 

representatives . 140 

at what time. 140 

contents of. t . 140 

to make and transmit notice of special election. 5 

to notify each member of meeting of state board. 138 

to obtain and file copies of statement of county board from 

governor and comptroller. 137 

to record in his office names of elected county officers. 141 

what such record to contain. 141 

Senatorial office, 

form of party committee certificate of nomination for (No. 2) _ 132 

form of party convention certificate of nomination for 
(No. 1). 181 

Senator, state, 

when special election not to be held to fill vacancies in 
office of. . 4 _ 

Sheriff’, 

to execute inspector’s order of arrest. 15 .... 

Special elections, 

filling vacancies in elective offices at. 4 

how called, to fill vacancies. 4 

when not held as required by law. 4 

when not to be held to fill vacancy..... 4 

State, 

act dividing, into congressional districts. 168 

form of party committee certificate of nomination for, 

office (No. 2).. 132 

form of party convention certificate of nomination for, 
office (No. 1.)... 131 _ 

































General Index 


243 


State board. sec. PAGE 

any number may dissent or protest. 140 

form of such dissent or protest.. 140 

to be delivered to and fiLed and recorded by secretary 

of state. 140 

canvass by. 140 

may adjourn from day to day. 139 

meeting of, to be appointed by secretary of state. 139 

when to be held. 139 

where to be held. 139 

of canvassers, organization of. 139 

who to constitute. 139 

quorum of. 139 

any three officers of, to constitute. 139 

organization and duties of, for city of New York. 138 

proceedings upon corrected statements. 139 

court may compel board to act upon. 139 

to reconvene. 139 

State engineer and surveyor, 

is member of state board. 139 .... 


Statements, 

certified copies of, to be produced before county board of 


canvassers. 131 .... 

certified copy of, to be delivered to town or city clerk. 113 .... 

certified copy of, to be filed with county clerk. 113 .... 

certified, to be delivered to supervisor. 113 

when to assessor. 113 

certified, when to be filed with town, village or city clerk.. 113 ... 

copy of, of county boards to be sent to secretary of state, etc. 137 _ 

corrected, of county board to be filed. 134 _ 

corrected, of county board to be in lieu of original. 134 .... 

correction of clerical errors in election district. 132 _ 

failure to file candidate’s, of expenses. 41 w 167 

false, of result of canvass. 41n 164 

of canvass by county board. 135 .... 

contents of. 135 .... 

number of. 135 .... 

of canvass to be certified by inspectors. Ill .... 

of canvass to be made by inspectors. Ill .... 

mode of procedure in making. Ill .... 

what to be attached. Ill .... 

what to contain. Ill .... 

of county board to be certified. 135 

manner of. 135 .... 

of county board to be filed and recorded with county clerk. 135 - 

















































244 


General Index. 


Statements — ( Continued ), SK C. 

• *. .. *' * • ' '• ’ « / < . ■ ' * . » 

of state board of canvassers. 139 

form and contents. 139 

to be delivered to and recorded by secretary of state... 139 

to be separate. 189 

statement and return of votes for officers . 84 

to be produced before county board of canvassers. 131 

when certified copies of certified, to be made. Ill 

State senator, 

when special election not to be held to fill vacancies in office 

of. 4 


Stationery, 

distribution of ...... 87 

of what to consist. . 83 

who to provide. 86 


Stubs, 

of official ballots. 81 

to be numbered on back. 81 

what to be printed on face. 81 

packages of detached, to be filed with county clerk. 113 

when with town, city or village clerk. 113 

when with board of police commissioners. 113 

when with board of elections.. 113 

to be preserved six months.. .. 113 

to be disposed of, how... 113 

when to be opened and examined. . 118 

Supplies, 

for voting booths, by whom furnished.. 10 


T. 

Tally sheets, 

form of. 84 

Tellers, 

of primary, with secretary, to examine ballot-boxes. 65 

when to be appointed at primary. 52 

Testimony, 

upon prosecution... 41r 

Time, 


of holding general or special elections to fill vacancies in 
elective offices. 


4 




































General Index. 


245 


Title, 

name of law 


SEC. PAGE. 
1 .... 


Town, 

form of certificate of nomination in (No. 5) 

may authorize use of ballot-cabinet. 

in what manner. 

when election expenses a charge upon. 


135 

182 

182 


Town board, 

duties of, as to certificates of boundaries of election 

districts. 9 

to file same in town clerk’s office. 9 

duties of, as to designating places for registry and voting.. 10 

duties of, as to division of town into election districts. 8 

duties of, as to providing furniture and supplies for polling 

places at election. 10 

when to deliver ballot and other boxes and keys to inspectors. 10 


Town clerks, 

compensation for election services. 18 _ 

how fixed. 18 . .. 

form of list of nomination to be posted by (No. 8). 137 

form of poster or list of candidates to be sent to (No. 6). 136 

form of receipt of, for official ballots (No. 13)... 138 

form of receipt of inspectors to, for official ballots (No. 14). ... 138 

to correct errors and omissions in ballots. 88 . .. 

when upon order of court of justice. 88 ,... 

when voluntarily. 88 .... 

to deliver packages of ballots, etc., to inspectors. 87 .... 

unopened and with seals unbroken. 87 .... 

to file receipt therefor. 87 

to furnish registration blanks, etc., to inspectors. 36 .... 

to give receipt for packages of ballots, etc... 87 - 

to post copies of list of nominations. 63 .... 

to post printed lists of nominations. 63 .... 

See Nominations. 

to provide and deliver ballots, etc., for town meetings. 87 ,, , 

to take and file receipts therefor. 87 .... 


Town law, 

amendment of. • • • • 182,201 

Town meeting, 

act to provide for use of Myers’ automatic ballot cabinet. 182 

act to secure independence of voters at.189,202 

act to secure secrecy of ballot at.189,202 

ascertainment of results...189,202 

how made declared... 189,202 






































240 


General Index. 


Town meeting — ( Continued ), sec. page. 

ballot, description of.189,202 

form of. 189,202 

material of...189,202 

ballot cabinet, towns may authorize use of. .. .189,202 

cabinets, regulations for use of. 189,202 

canvass of votes. .189,202 

description of ballot ...... .. .. 189,202 

form of ballot for ballot cabinet ... .. .189,202 

in counties of more than 600,000 inhabitants. 185 

towns may authorize use of ballot cabinet. 182 

regulations for use of cabinets.189,202 

Treasurer, 

state, is member of state board. 138 .... 

TJ. 

United States, 

bribery or intimidation of elector in military services. 41s 166 

Unofficial ballots, 

form of. 89 _ 

substituted ballots to be known as. * 89 .... 

when, may be voted.,. 89,109 _ 

Unused ballots, 

filing of. 113 .... 

preservation of. 113 .... 

V. 

Vacancies, 

filing, in elective offices at general and special elections.... 4 .... 

in certificate of independent nomination, how to fill. 57 .... 

in nominations, filing of. 66 

by whom. 66 

in what manner. 66 

in office of inspector or canvasser, how filled. 14 .... 

Violation, 

of election law by public officer. 41 j 168 

Village, 

form of certificate of nomination in (No. 5).. 185 

when election expenses a charge upon. 18 


































General Index. 


Village clerk, 

form of list of nominations to be posted by (No. 8). 

to correct errors and omissions in ballots. 

when upon order of court or justice. 

when voluntarily.,. 

to give receipts for packages of ballots, etc... 

to post copies of list of nominations. ... 

to provide and deliver ballots, etc., when. 

to take and file receipts therefor. 

Voters, 

cannot pass guard-rail more than once to vote. 

duress or intimidation of. 

form of oath of, in case of physical disability (No. 15). 

illiterate and disabled... 

may enter within guard-rail to vote. 

number at any one time ... 

may return ballots to ballot clerks and pass outside of 

guard-rail. 

mode of procuring ballots by. 

must return all official ballots before passing outside of 

guard-rail. 

not more than one to occupy booth at same time. 

not to divulge name of candidate voted or to be voted for 

within polling place. . 

not to occupy voting booth more than five minutes, when.. 

not to remain within guard-rail after voting.. ... 

qualifications of. 

qualifications of, at primaries. 

qualifications of. 

residence for voting . 

residence, change of. 

right to vote not to be denied. 

to prepare ballots in voting booth. 

to receive no help in preparing ballots. 

to write names on official ballot only in voting booth. 

when entitled to assistance in preparing ballot. 

when entitled to receive ballots from ballot clerks. 

who entitled to vote. ... 

who not entitled to vote... 

who qualified to have name placed on register. 

Voting, 

after conviction of infamous crime. 

by inhabitant of another state or country. 

manner of. 

places for, designation of. 

furniture for. 


SEC. 

247 

PAGE. 

• • • • 

137 

88 


88 


88 


87 


68 


87 


87 


106 

• • • • 

41t 

166 

• • • • 

139 

34 

• • • • 

104 

• • • • 

104 

• • • • 

106 

t • • • 

104 

i • • « 

106 

• • • • 

105 

• • • • 

104 

• • • 

105 

• • • • 

106 

• • • • 

34 

• • • • 

53 

• • • 

• • • 

127 

34 

• • • • 

34 

• • • • 

« • • • 

136 

105 

• • • • 

104 

• • • • 

105 

• • • • 

104 

• • • • 

104 

• • • • 

• • • • 

128 

• • • • 

128 

34 

' • • • 

411 

164 

41m 

164 

106 

• • • • 

10 

* • • • 

10 

• • • • 














































248 


General Index. 


Voting — (Continued'), sec. page. 

registry as condition of. 104 

voter to hand ballot to be voted to ballot-box inspector. 106 - 

voter to hand unvoted ballots to inspector of such box. 106 .... 

Voting booths, 

location of. 160 

number of, in each polling place... 17 .... 

not less than one for every seventy-five voters. 17 .... 

not to be occupied by more than one voter at same time ... 105 .... 

not to be occupied more than five minutes, when. . 105 - 

sample ballots may be taken into. 104 .... 

size, arrangement and supplies. 17 - 

to be kept lighted while polls open. 17 .... 

voter to enter into, to prepare ballots. 105 - 

W. 

Ward, 

form of certificate of nomination in (No. 5). 135 

Watchers, 

appointment of. 102 .... 

by whom made. 102 .... 

mode of. 102 _ 

at primaries. 55 .... 

ballot-boxes at primaries to be examined in presence of ... 55 _ 

inspectors to show to, ballots during canvass, if requested.. 110 _ 

mode of doing so. 110 

may be present at polling place within guard-rail. 102 

during what time. 102 _ 

may be present at primary from commencement to close... 55 _ 

may declare belief that ballot, etc., is marked for identifica¬ 
tion . 110 _ 

at what time. 110 .... 

mode of procedure in each case. 110 .... 

misconduct of. 41i 163 

when to be appointed at primary. 52 .... 

Westchester, 

times of opening and closing polls. .. 3 . # # # 




































INDEX TO FORMS. 


NO. PAGE, 

Forms. 131-161 

A A - 

Appointment, 

certificate of, of ballot clerks. 10 137 

of additional inspectors. 17 140 

20 142 

Ballot, 

general form of ... 50 161 

Ballot clerkg, 

certificate of appointment of. 24, 25 137 

413 

certificate of, of ballots cast. 12 138 

oath of office of. 12 138 

Ballot return, 

form of. . 35 143 

c. 

Canvass, 

statement of. 36 151 

Certificate, 

convention, of nomination in county or less... 4 134 

nomination, in divisions less than a State—See note on page. 132 

nomination, otherwise than by convention, etc., section 57. 3 133 

of appointment of ballot clerks.. 10 137 

of nomination for ward, town or village office. 5 135 

of registration. 32 148 

party committee, of nomination for office in division or dis¬ 
trict greater than county . 2 132 

party convention, of nomination for office in division or dis¬ 
trict greater than county. 1 131 

registration. 33 149 

Challenge, 

general oath on. 45 157 

memorandum of. 46 158 


32 





















250 


Index to Foems. 

9 

City clerk, NO - page. 

receipt of, for official ballots. 13 

receipt of inspector to, for official ballots. 14 138 

Compensation, 

bill of. 27 t44 

Constable, 

deputation to. . 41 155 

Convention, 

certificate of nomination in county or less. 4 134 

County clerk, 

receipt of town or city clerk to, for official ballots. 14 138 

D. 

Declination, 

of nomination. .. 0 137 

Diagram, 

of room. 49 160 

E. 

Election officers, 

oath of . 16 139 

G. 

General, 

ballot. 50 161 

I. 

Inspectors of election, 

designation of. . 21, 22, 28 142 

oath of office for... 11, 18138-140 

order of town board appointing. 19 141 

receipt of, for official ballots. 14 138 

return. 36 151 

L. 

lilst, 

of nominations to be posted by town or village clerk. 8 137 

of nominations to be published by county clerk... 7 136 

of persons enrolled in district. 30 146 

Eist or poster, 

of candidates to be sent to town clerk, etc... 6 186 























Index to Forms. 251 

N. 

Nomination, no. page. 

certificate of, for ward, town or village office. 5 135 

certificate, pursuant to section 57. 3 138 

convention, certificate of, in county or less. 4 134 

declination of. 9 137 

list of, to be posted by town or village clerk.. .... 8 137 

list of, to be published by county clerk. 7 136 

o. 

Oath, 

in case of physical disability. 15 139 

of office for ballot clerks. 12 138 

of office for poll clerks. 12 138 

of office for inspectors of election. 18 140 

Official ballot, 

form of . 50 161 

P. 

Party committee, 

certificate of nomination of office. 2 132 

Party convention, 

certificate of nomination for a congressional office. 1 131 

certificate of nomination for a judicial office. 1 131 

certificate of nomination for a senatorial office. 1 131 

certificate of nomination for state office... 1 131 

Physical disability, 

oath in case of. 15 139 

Poll-book, 

page of. 43 148 

Poll-clerks, 

oath of office of. 12 138 

Poster or list, 

of candidates to be sent to town clerk, etc.. \ 6 136 

Precept, 

in case of disorderly conduct . 40, 42 154-155 

t 

Proclamation, 

of opening polls.. 39 146 

of result. 48 156 

























252 


Index to Forms. 


R. 

Receipt, no. page. 

of election inspector, for official ballots. 14 188 

of town or city clerk, for official ballots. 13 138 

Registration, 

certificate of. 32 140 

Registry, 

form of, in cities of first class. 28 137 

form of, in other districts. 29 138 

preliminary oath on challenge for. 31 139 

general oath on. 31 140 

Report, 

assisted and challenged electors. 38 146 

Return, 

ballot. 35 143 

inspectors, etc. 36 143 

of votes. 37 144 

S. 

State, 

party committee, certificate of nomination for office. 2 132 

Statement, 

canvass. 36-47 143,153 

of votes .. . 37 144 

T. 

Tally sheet. 34 142 

Town clerk, 

receipt of election inspectors to, for official ballots ...... 14 138 

receipt of, for official ballots. 13 139 

V. 

Voter, 

oath of, in case of physical disability. 15 139 


H 2*2. 


83 





























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